R477-14-2. Management Action

  (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.

  (c) All communication shall be classified as private in accordance with Section 63G-2-302.

  (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.