Utah Code » Title 34, Chapter 38 — Drug and Alcohol Testing
Utah Code

Utah Code § 34-38-6 (2026)

Requirements for collection and testing

✓ current as of May 2026
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The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter.
The collection of a sample shall be performed under reasonable and sanitary conditions.
A sample shall be collected and tested:
with due regard to the privacy of the individual being tested; and
in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of a reliable sample.
The sample collection shall be documented. The documentation procedures required by this Subsection (4) include:
labeling of a sample so as reasonably to preclude the probability of erroneous identification of test results; and
an opportunity for the employee or prospective employee to provide notification of any information that the employee or prospective employee considers relevant to the test, including:
identification of currently or recently used prescription or nonprescription drugs; or
other relevant medical information.
Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration.
Testing of a sample shall conform to scientifically accepted analytical methods and procedures.
Before a test of a sample may be considered a failed test and used as a basis for an action by an employer under Section 34-38-8, testing of the sample shall include a confirmation test:
by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method; and
if the sample used for a test is a urine sample, by a laboratory that is certified by the United States Department of Health and Human Services under the National Laboratory Certification Program.
Notes of Decisions
Cited in 2 cases, 1989–2001 · leading case: Grace Drilling Co. v. Bd. of Review, 776 P.2d 63 (Utah Ct. App. 1989).
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Grace Drilling Co. v. Bd. of Review, 776 P.2d 63 (Utah Ct. App. 1989). · cites it 6× “§ 34-38-10 (2)(a) (1988), which creates a rebuttable presumption in favor of the employer that drug test results are valid so long as certain testing procedure criteria are met as specified in § 34-38-6. 8 For purposes of discussion, we assume without deciding that the Utah Drug…”
Autoliv ASP, Inc. v. Dep't of Workforce Serv., 38 P.3d 979 (Utah Ct. App. 2001). · cites it 6× “Utah Code Ann. § 34-38-6 (3)(b), (5) (1997) (emphasis added).”
— Utah Code § 34-38-6(3)(b) — 1 case
Grace Drilling Co. v. Bd. of Review, 776 P.2d 63 (Utah Ct. App. 1989). “§ 34-38-10 (2)(a) (1988), which creates a rebuttable presumption in favor of the employer that drug test results are valid so long as certain testing procedure criteria are met as specified in § 34-38-6. 8 For purposes of discussion, we assume without deciding that the Utah Drug…”
— Utah Code § 34-38-6(5) — 1 case
Grace Drilling Co. v. Bd. of Review, 776 P.2d 63 (Utah Ct. App. 1989). “§ 34-38-10 (2)(a) (1988), which creates a rebuttable presumption in favor of the employer that drug test results are valid so long as certain testing procedure criteria are met as specified in § 34-38-6. 8 For purposes of discussion, we assume without deciding that the Utah Drug…”
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