Utah Admin. Code R23-7-3 - Definitions

(1) The following definitions of Section 63G-6a-1303 shall apply to any term used in this rule:

(a) "Contractor" means a person who is or may be awarded a state construction contract.

(b) "Covered individual" means an individual who:

(i) on behalf of a contractor or subcontractor provides services directly related to design or construction under a state construction contract; and

(ii) is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a state construction contract.

(c) "Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:

(i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug; or

(ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

(d) "Random testing" means that a covered individual is subject to periodic testing for drugs and alcohol:

(i) in accordance with a drug and alcohol testing policy; and

(ii) based on a random selection process.

(e) "State Executive Entity" means a state executive branch:

(i) department;

(ii) division including the Division of Facilities Construction and Management;

(iii) agency;

(iv) board;

(v) commission;

(vi) council;

(vii) committee;

(viii) institution; or

(ix) a state institution of higher education, as defined under Section 53B-3-102.

(f) "State construction contract" means a contract for design or construction entered into by the division.

(g)

(i) "Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction.

(ii) "Subcontractor" includes a trade contractor or specialty contractor.

(iii) "Subcontractor" does not include a supplier, distributor, or other vendor who provides only materials, equipment, or supplies to a contractor or subcontractor.

(2) In addition:

(a) "Director" means the director of the division, appointed pursuant to Section 63A-5b-302, including, unless otherwise stated, the director's authorized designee.

(b) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5b-301 as well as entities entering into state construction contracts under delegation authority by the director.

Notes

Utah Admin. Code R23-7-3

Amended by Utah State Bulletin Number 2016-1, effective 12/11/2015 Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023