Utah Admin. Code R477-14-2 - Management Action
(1) Under Rules R477-10,
R477-11, and Section R477-14-2, supervisors and managers who receive notice of a
workplace violation of this rule shall take immediate action.
(2) Except as provided in Title 26, Chapter 61a,
Utah Medical Cannabis Act, management may take disciplinary action which may include
dismissal if:
(a) there is a verified positive
test for controlled substances;
(b)
results of a confirmation test for alcohol meet or exceed the established alcohol
concentration cutoff level;
(c)
management determines an employee cannot perform assigned job tasks, even when the
result of a chemical test is reported negative;
(d) an employee refuses a request to submit to
testing under this policy;
(e) an
employee substitutes, adulterates, or otherwise tampers with a drug or alcohol
testing sample, or attempts to do so; or
(f) an employee violates any other portion of this
rule.
(3) When an employee has
a verified positive test for use of a controlled substance or alcohol in violation
of these rules, management may require the employee to agree to participate, at the
employee's expense, in a rehabilitation program, under Subsection 63A-17-1006(3). If
this is required, the following shall apply.
(a)
Management shall grant a leave of absence using accrued leave or leave without pay
to an employee participating in a rehabilitation program for inpatient
treatment.
(b) The employee shall sign a
release to allow the transmittal of verbal or written compliance reports between the
state agency and the inpatient or outpatient rehabilitation program
provider.
(c) Any communication is
classified as private in accordance with Section
63G-2-302.
(d) Management may require an employee to continue
participation in an outpatient rehabilitation program prescribed by a licensed
practitioner on the employee's own time and expense.
(e) Management shall reinstate an employee who
successfully completes a rehabilitation program to work in the previously held
position, or a position with a comparable or lower salary range.
(f) Management shall discipline an employee who
fails to complete the prescribed treatment without a valid
reason.
(4) Management may
require an employee who has a verified positive test for use of a controlled
substance or alcohol to submit to follow up testing.
(5) An employee who is convicted of manufacturing,
distributing, dispensing, possessing, selling or using a controlled substance, under
federal or state criminal law, shall notify the agency head of the conviction no
later than five calendar days after the conviction.
(6) The agency head shall notify the federal
grantor or agency for which a contract is being performed within ten calendar days
of receiving notice of a conviction under Subsection (5) from:
(a) the judicial system;
(b) other sources; or
(c) an employee performing work under the grant or
contract who has been convicted of a controlled substance violation in the
workplace.
Notes
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