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Utah drug testing laws for employers
Utah's drug and alcohol testing law is optional: employers who follow it get strong protection from lawsuits over testing. Following it means a written policy, management tested too, confirmation tests, and HHS-certified labs for urine. Medical cannabis is legal, but private employers do not have to accommodate it.
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The state law
- If you test and follow Utah's testing law, you are protected from liability as the law provides, and management must also be tested periodically (Utah Code 34-38-3).
- You must test under a written policy given to employees and available to applicants (Utah Code 34-38-7).
- Your policy may allow testing to look into impairment, accidents, or theft, or to maintain safety, productivity, quality, or security, even without signs of impairment (Utah Code 34-38-7).
- You must pay all testing costs, including travel, and test current employees during or right after their work period, counted as paid work time (Utah Code 34-38-5).
- Before a test counts as failed, it must be confirmed by GC, GC/MS, or a similar method, and urine must be confirmed at an HHS-certified (NLCP) lab (Utah Code 34-38-6).
- The person tested must have a chance to report medications or other relevant medical information (Utah Code 34-38-6).
- You may choose the type of sample: urine, blood, breath, saliva, or hair (Utah Code 34-38-2, 34-38-4).
- Using a physician trained in drug test results (an MRO) to review failed tests gives you a presumption that you followed the testing rules (Utah Code 34-38-10).
- If you follow the law, a worker can sue over a test-based action only if the result was inaccurate, and you are not liable for damages if you relied on it reasonably and in good faith (Utah Code 34-38-10).
- Test-related information is confidential and belongs to the employer (Utah Code 34-38-13).
- We found no Utah workers' comp premium discount for drug-free workplace programs (no statute found).
Testing applicants
- You may test applicants and refuse to hire one who fails or refuses a test (Utah Code 34-38-4, 34-38-8).
- We found no Utah law that requires a job offer before testing (Utah Code 34-38-7).
Random testing
- We found no state law that limits random testing by private employers, and testing need not be limited to cases with signs of impairment (Utah Code 34-38-7).
Marijuana (medical only)
- Utah's medical cannabis law does not require a private employer to accommodate medical cannabis use and does not limit your policies restricting use by applicants or employees (Utah Code 26B-4-207(3)).
- State and local government officials must treat lawful medical cannabis use like a prescribed controlled substance, but this rule is for government, not private employers (Utah Code 26B-4-211).
- A worker whose positive test is confirmed under the testing law is not considered disabled under Utah's anti-discrimination law because of that result alone (Utah Code 34-38-14).
Also good to know
- State construction contracts must require contractors and subcontractors to keep a drug and alcohol testing policy for safety-sensitive workers, post notice of it, and use random testing once they have 10 or more covered workers (Utah Code 63G-6a-1303).
- Workers' comp disability pay is denied if knowing use of non-prescribed drugs or alcohol at 0.05 or higher was the major cause of the injury, and cut 15% if it was a lesser cause (Utah Code 34A-2-302).
- For that workers' comp rule, a confirmed positive test creates a presumption that drug or alcohol use was the major cause (Utah Code 34A-2-302).
Common questions
Is drug testing legal for employers in Utah?
Utah's drug and alcohol testing law is optional: employers who follow it get strong protection from lawsuits over testing. Following it means a written policy, management tested too, confirmation tests, and HHS-certified labs for urine. Medical cannabis is legal, but private employers do not have to accommodate it.
Can employers in Utah test applicants before hiring?
You may test applicants and refuse to hire one who fails or refuses a test (Utah Code 34-38-4, 34-38-8).
Is random drug testing allowed in Utah?
We found no state law that limits random testing by private employers, and testing need not be limited to cases with signs of impairment (Utah Code 34-38-7).
Can a Utah employer act on a positive marijuana test?
Utah's medical cannabis law does not require a private employer to accommodate medical cannabis use and does not limit your policies restricting use by applicants or employees (Utah Code 26B-4-207(3)).
Some rules for Utah weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Utah Code 34-38-2 (official)
- Utah Code 34-38-3 (official)
- Utah Code 34-38-4 (official)
- Utah Code 34-38-5 (official)
- Utah Code 34-38-6 (official)
- Utah Code 34-38-7 (official)
- Utah Code 34-38-8 (official)
- Utah Code 34-38-10 (official)
- Utah Code 34-38-13 (official)
- Utah Code 34-38-14 (official)
- Utah Code 26B-4-207 (official)
- Utah Code 26B-4-211 (official)
- Utah Code 63G-6a-1303 (official)
- Utah Code 34A-2-302 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.