R477-14. Substance Abuse and Drug-Free Workplace, R477. Human Resource Management, Administration, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R477. Human Resource Management, Administration

R477-14. Substance Abuse and Drug-Free Workplace

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

Latest version.

(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

(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;

(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.

R477-14-2. Management Action

Latest version.

(1) Under Rules R477-10, R477-11 and Section R477-14-2, supervisors and managers who receive notice of a workplace violation of these rules shall take immediate action.

(2) Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, management may take disciplinary action which may include dismissal if:

(a) there is a verified positive test for controlled substances;

(b) results of a confirmation test for alcohol meet or exceed the established alcohol concentration cutoff level;

(c) management determines an employee is unable to perform assigned job tasks, even when the result of a chemical test is reported negative;

(d) an employee refuses a request to submit to testing under this policy;

(e) an employee substitutes, adulterates, or otherwise tampers with a drug or alcohol testing sample, or attempts to do so; or

(f) an employee violates any other portion of this rule.

(3) An employee who has a verified positive test for use of a controlled substance or alcohol in violation of these rules may be required to agree to participate, at the employee's expense, in a rehabilitation program, under Subsection 67-19-38(3). If this is required, the following shall apply:

(a) An employee participating in a rehabilitation program shall be granted accrued leave or leave without pay for inpatient treatment.

(b) The employee shall sign a release to allow the transmittal of verbal or written compliance reports between the state agency and the inpatient or outpatient rehabilitation program provider.

(d) An employee may be required to continue participation in an outpatient rehabilitation program prescribed by a licensed practitioner on the employee's own time and expense.

(e) An employee, upon successful completion of a rehabilitation program shall be reinstated to work in the previously held position, or a position with a comparable or lower salary range.

(f) An employee who fails to complete the prescribed treatment without a valid reason shall be subject to disciplinary action.

(4) An employee who has a verified positive test for use of a controlled substance or alcohol is subject to follow up testing.

(5) An employee who is convicted of manufacturing, distributing, dispensing, possessing, selling or using a controlled substance, under federal or state criminal law, shall notify the agency head of the conviction no later than five calendar days after the conviction.

(a) The agency head shall notify the federal grantor or agency for which a contract is being performed within ten calendar days of receiving notice from:

(i) the judicial system;

(ii) other sources;

(iii) an employee performing work under the grant or contract who has been convicted of a controlled substance violation in the workplace.

R477-14-3. Drug and Alcohol Test Records

Latest version.

(1) A separate confidential file of drug and alcohol test results and documents related rehabilitation shall be maintained and stored in the agency human resource field office.

(2) Test results shall be retained in accordance with the retention schedule.

R477-14-4. Policy Exceptions

Latest version.

The Executive Director, DHRM, may authorize exceptions to this rule consistent with Subsection R477-2-2(1).