34-38-10 - A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.
34-38-10. A cause of action does not arise against employer unless inaccurate testresult -- Presumption and limitation of damages in claim against employer.
(1) A cause of action may not arise in favor of a person against an employer whoestablishes a program of drug or alcohol testing in accordance with this chapter, and who takesan action under Section 34-38-8, unless the employer takes the action on the basis of aninaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that anemployer's action is based on an inaccurate test result:
(a) there is a rebuttable presumption that the test result is valid if the employer complieswith Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on aninaccurate test result is reasonable and in good faith.
(3) (a) There is a rebuttable presumption that the employer complies with Section34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who istrained in the interpretation of drug and alcohol test results:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(b) A court may find that an employer complies with Section 34-38-6 notwithstandingthat the employer's drug and alcohol testing program does not include an action described inSubsection (3)(a).
Amended by Chapter 284, 2010 General Session