R477-14-1. Rules Governing a Drug-Free Workplace

  (1) Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, this rule implements the federal Drug-Free Workplace Act of 1988, found at 41 USC 8101, et seq., the Omnibus Transportation Employee Testing Act of 1991, found at 49 USC 5331, et seq., and Section 67-19-36 authorizing drug and alcohol testing, in order to:

  (a) Provide a safe, productive work environment that is free from the effects of drug and alcohol abuse;

  (b) Identify, correct and remove the effects of drug and alcohol abuse on job performance; and

  (c) Assure the protection and safety of employees, the public, and property.

  (2) State employees should report to work fit for duty and able to safely and effectively perform all job functions.

  (a) State employees are not prohibited from lawful use and possession of prescribed or over-the-counter medications unless the medication adversely affects their ability to safely or effectively perform their job duties. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of employees, the public, or property it is the employee's responsibility to use appropriate personnel procedures (e.g. call in sick, use leave, request change of duty, notify supervisor, notify human resources) to avoid unsafe workplace practices.

  (b) The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of this rule to intentionally misuse and/or abuse prescription medication. Appropriate personnel action, up to and inculding dismissal from employment, may be taken if job performance deteriorates and/or other accidents occur.

  (3) Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, state employees may not unlawfully manufacture, dispense, possess, distribute, use or be under the influence of any controlled substance or alcohol during working hours, on state property, or while operating a state vehicle at any time, or other vehicle while on duty.

  (a) Employees shall follow Subsection R477-14-1(2) outside of work if the activity:

  (i) directly affects the eligibility of state agencies to receive federal grants or to qualify for federal contracts of $25,000 or more; or

  (ii) prevents the employee from performing his/her duties safely or effectively.

  (4) All drug or alcohol testing shall be done in compliance with applicable federal and state regulations and policies.

  (5) All drug or alcohol testing shall be conducted by a federally certified or licensed physician or clinic, or testing service approved by DHRM.

  (6) Drug or alcohol tests with positive results or a possible false positive result shall require a confirmation test.

  (7) Final applicants, who are not current employees, may be subject to preemployment drug testing at agency discretion, except as required by law.

  (8) Employees are subject to one or more of the following drug or alcohol tests:

  (a) reasonable suspicion;

  (b) critical incident;

  (c) post accident;

  (d) return to duty; and

  (e) follow up.

  (9) Final candidates for transfer or promotion to a highly sensitive position are subject to preemployment drug testing at agency discretion, except as required by law.

  (a) An employee transferring or promoted from one highly sensitive position to another highly sensitive position is subject to preemployment drug testing at agency discretion except as required by law.

  (b) An employee who is reassigned to a highly sensitive position or assigned the duties of a highly sensitive position is not subject to preemployment drug testing.

  (10) Employees in highly sensitive positions, as designated by DHRM, are subject to random drug or alcohol testing without justification of reasonable suspicion or critical incident. Except when required by federal regulation or state policy, random drug or alcohol testing of employees in highly sensitive positions shall be conducted at the discretion of the employing agency.

  (11) This rule incorporates by reference the requirements of 49 CFR 40.87.

  (12) The State of Utah will use a blood alcohol concentration level of .04 for safety sensitive positions and .05 for all other positions as the cut off for a positive alcohol test except where designated otherwise by federal regulations.

  (13) Agencies with employees in federally regulated positions shall administer testing and prohibition requirements and conduct training on these requirements as outlined in the current federal regulation and the DHRM Drug and Alcohol Testing Policy and Procedures.

  (14) Employees in federally regulated positions whose confirmation test for alcohol results are at or exceed the applicable federal cut off level, when tested before, during, or immediately after performing highly sensitive functions, shall be removed from performing highly sensitive duties for 8 hours, or until another test is administered and the result is less than the applicable federal cut off level.

  (15) Employees in federally regulated positions whose confirmation test for alcohol results are at or exceed the applicable federal cut off level when tested before, during or after performing highly sensitive duties, are subject to disciplinary action which may include dismissal.