For Utah businesses, drug testing can be an important part of creating a safe workplace and making informed hiring decisions. But requiring a test is only part of the equation – how an employer administers and pays for testing matters, too.

Utah’s Drug and Alcohol Testing Act, Utah Code § 34-38-1 et seq., establishes specific requirements employers should understand when implementing a workplace testing program. Portions of the chapter were updated in 2025, making this a good time for Utah employers to review their policies and procedures.

Who Pays for Employee Drug Testing in Utah?

Under Utah Code § 34-38-5, when an employer requires a current employee to complete a drug or alcohol test:

  • The employer must pay the costs of the required test.
  • If a current employee must travel somewhere other than the workplace for testing, the employer must also pay the cost of transportation.
  • Testing must take place during or immediately after the employee’s regular work period.
  • For current employees, that testing time is considered work time for compensation and benefits purposes.

For employers sending employees to an off-site collection facility, that transportation provision is an especially important compliance detail to keep in mind.

A Written Policy Matters

Utah law also requires employer drug or alcohol testing to be conducted under the terms of a written policy that has been distributed to employees and is available for prospective employees to review.

The policy can provide for testing for purposes such as investigating possible impairment or workplace accidents, maintaining workplace and public safety, and protecting productivity, quality, property, and information.

Consistency matters. Employers should make sure the procedures they follow in practice match the policy they have put in writing.

Don’t Forget the Testing Process

Utah law establishes standards around how samples are collected, tested, and confirmed. Among other requirements, collection must respect the individual’s privacy and be conducted in a way designed to prevent substitution or interference with the sample.

Before a result can be considered a failed test and used as the basis for employer action, Utah law requires confirmation using gas chromatography, gas chromatography-mass spectroscopy, or another comparably reliable analytical method. When the sample is urine, the confirmation must be performed by a laboratory certified by the U.S. Department of Health and Human Services under the National Laboratory Certification Program.

Test-related information is also generally treated as confidential under Utah law, subject to specific statutory exceptions.

One Utah Requirement That May Surprise Employers

Utah has another provision that can easily be overlooked: employers and management generally must submit to testing themselves on a periodic basis when operating a testing program under the protections of the Utah Drug and Alcohol Testing Act.

That makes it worth reviewing not only who your organization tests, but whether your overall program is structured consistently with Utah law.

Compliance Can Also Provide Employer Protections

Following Utah’s statutory requirements isn’t simply about avoiding mistakes. The law provides certain protections to employers that establish and administer testing programs in accordance with the chapter.

For example, Utah law generally limits causes of action against a compliant employer taking employment action based on testing, subject to provisions involving inaccurate test results. It also establishes a rebuttable presumption regarding the validity of test results when the employer complies with the statutory testing requirements.

Drug Testing Is Only One Piece of a Strong Screening Program

For employers, compliance doesn’t end with drug testing.

A strong hiring and onboarding process may also include criminal background checks, county-level searches, motor vehicle records, employment and education verification, professional license verification, and other searches appropriate to the position.

That’s where Elevated Background Checks can help.

We work with HR professionals and Utah businesses to make background screening affordable, reliable, and easy to manage, while keeping the candidate experience and compliance top of mind.

Our team offers:

  • Dedicated account management and real people to answer questions
  • Live customer support and after-hours assistance
  • More than 4,000 direct court integrations
  • 95% of searches returning within 24 hours
  • Flexible screening packages based on the needs of each organization
  • Drug testing options and nationwide collection-site access
  • Background screening, MVRs, employment and education verification, and additional screening services

For West Jordan Chamber members, the goal isn’t simply to run another check. It’s to create an onboarding process that helps you hire confidently, protect your organization, and give candidates a better experience from day one.

If it has been a while since you’ve reviewed your background screening or drug testing process, this is a great time to ask:

Are we screening the right things, following the right process, and are we paying more than we need to?

Elevated Background Checks would be happy to review your current screening program, answer questions, and help identify opportunities to improve pricing, turnaround time, and candidate experience.

This article is provided for general educational purposes and is not legal advice. Employers should consult qualified employment counsel regarding how Utah and federal laws apply to their specific workplace and testing program.

Sources

  • Utah Legislature — Utah Code § 34-38-5, Time of testing; cost of testing and transportation.
  • Utah Legislature — Utah Code, Title 34, Chapter 38, Drug and Alcohol Testing.
  • Utah Code § 34-38-7, written testing policy and permissible purposes for testing.
  • Utah Code § 34-38-10, employer protections and inaccurate test results.
  • Utah Code § 34-38-13, confidentiality of test-related information.