“Random testing” means that a covered individual is subject to periodic testing for drugs and alcohol in accordance with a drug and alcohol testing policy and on the basis of a random selection process. “District construction contract” means a contract for design or construction entered into by the District. See Utah Code § 63G-6a-1303 (2013) 1.1024.02 DISTRICT MAY REQUIRE DRUG AND ALCOHOL TESTING FOR CONSTRUCTION CONTRACTS Issue Date: 5/8/14 CCD As set forth in this policy, the District may determine to require contractors on construction contracts to implement drug and alcohol testing by requiring that the contractor demonstrate that the contractor: 1. has and will maintain a drug and alcohol testing policy during the period of the District construction contract that applies to the covered individuals hired by the contractor; 2. posts in one or more conspicuous places notice to covered individuals hired by the contractor that the contractor has the drug and alcohol testing policy; 3. subjects the covered individuals to random testing under the drug and alcohol testing policy if at any time during the period of the District construction contract there are 10 or more individuals who are covered individuals hired by the contractor; and 4. requires that as a condition of contracting with the contractor, a subcontractor meets these same requirements. In determining whether to include a drug and alcohol testing requirement in a construction contract, the District may consider any relevant considerations, including whether imposing the requirement would jeopardize the receipt of federal funds, cause the construction contract to be a sole source contract, cause the state construction contract to be an emergency procurement, or impose an undue burden on contractors in light of the size of the project and the composition of the contractors likely to bid on the project. If a testing requirement is imposed and a contractor or subcontractor meets that requirement, this policy does not prevent a contractor or subcontractor from imposing or implementing any other lawful provision as part of a drug and alcohol testing policy. Drug and alcohol testing by contractors and subcontractors shall comply with the requirements of Title 34, Chapter 38 of the Utah Code, which sets out requirements relating to drug and alcohol testing by private employers. Utah Code § 63G-6a-1303(2), (8) (2013); Utah Code § 34-38-1 et seq. (2010)
1.1024.03 CONTRACTOR FAILURE TO COMPLY WITH TESTING REQUIREMENTS Issue Date: 5/8/14 CCD
Subject to any rules issued by the Procurement Policy Board, if a contractor or subcontractor fails to comply with a testing requirement imposed under this policy, the contractor or subcontractor may be suspended or debarred in accordance with the Utah Procurement Code and the District’s procurement policies. However, in such instance, the contractor or subcontractor shall be provided
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