Utah Code

Utah Code § 34-38-1 (2026)

Legislative findings -- Purpose and intent of chapter

✓ current as of May 2026

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The Legislature finds that a healthy and productive work force, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of products produced and services rendered in this state, are important to employers, employees, and the general public. The Legislature further finds that the abuse of drugs and alcohol creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased financial burden on health and benefit programs, increased workplace theft, decreased employee morale, decreased productivity, and a decline in the quality of products and services.

The Legislature does not intend to prohibit an employee from seeking damages or job reinstatement, if action is taken by the employer on the basis of an inaccurate test result.

Notes of Decisions

Cited in 5 cases, 1989–2008 · leading case: Johnson v. Dep't of Emp. Sec., 782 P.2d 965 (Utah Ct. App. 1989).

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Johnson v. Dep't of Emp. Sec., 782 P.2d 965 (Utah Ct. App. 1989). · cites it 8× “Utah Code Ann. § 34-38-1 (1988). Second, and perhaps more importantly, Morton Thiokol has a particular interest in maintaining a drug-free workplace above and beyond these general concerns because it is a government contractor in the business of building highly sophisticated and…”

Grace Drilling Co. v. Bd. of Review, 776 P.2d 63 (Utah Ct. App. 1989). · cites it 2× “8 For purposes of discussion, we assume without deciding that the Utah Drug and Alcohol Testing statute, Utah Code Ann. §§ 34-38-1 to -15 (1988), applies to administrative hearings such as the one before us, but nevertheless, we find Grace Drilling’s reliance on its provisions…”

Wilkinson v. Times Mirror Corp., 4 I.E.R. Cas. (BNA) 1579 (Cal. Ct. App. 1989). “957 ; Utah Code Ann. (1953) § 34-38-1 et seq.; Vt.”

Williams v. United Parcel Serv., Inc., 527 F.3d 1135 (10th Cir. 2008). “§ 38-73-500; Utah Code Ann. § 34-38-1 et seq.; Vt. Stat.”

Kennecott Utah Copper Corp. v. United Steelworkers of Am., 4 F. Supp. 2d 1044 (D. Utah 1998). · cites it 2× “The statute is structured to shield from' liability an employer who conducts drug testing in accordance with a written policy and in accordance with the procedures outlined in the statute. See § 34-38-3 (it “is not unlawful for an employer to test employees or prospective…”

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