(1) A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and who takes an action under Section 34-38-8, unless the employer takes the action on the basis of an inaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that an employer's action is based on an inaccurate test result: (a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and (b) the employer is not liable for monetary damages if the employer's reliance on an inaccurate test result is reasonable and in good faith.
(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on an inaccurate test result is reasonable and in good faith.
(3) (a) There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who is trained 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 notwithstanding that the employer's drug and alcohol testing program does not include an action described in Subsection (3)(a).
(a) There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who is trained 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.
(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 notwithstanding that the employer's drug and alcohol testing program does not include an action described in Subsection (3)(a).
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