§ 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.

(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.

(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).

Amended by Chapter 284, 2010 General Session