Utah Code § 34-41-102(3) (2016) Utah Code § 34-41-101(8) (2007)
Reasonable Suspicion A “reasonable suspicion” means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that indicate that a school district employee is using or is under the influence of drugs or alcohol. Utah Code § 34-41-101(8) (2007) Safety Sensitive Position A “safety sensitive position” means all persons required by their job duties to maintain a commercial class driver’s license, including all bus drivers, mechanics and any other employee involved in transporting students within the scope of employment. Scope of Employment An action is within the “scope of employment” if it is part of any actions for which an employee is remunerated or performs by reason of employment in the l District. Verification of Tests Before the result of any test may be used as a basis for any adverse employment action, the District shall verify or confirm any positive initial screening test by gas chromatography, gas chromatograph ‐ mass spectroscopy, or other comparable analytic methods. In addition, the employee testing positive shall be notified by telephone and in writing at the last known address and telephone number of the positive test result and where a new test may be obtained if the employee desires to undergo a second test. Utah Code Ann. § 34 ‐ 41 ‐ 104(4) (1998) Positive Test of Safety Sensitive Position While on Duty Any employee who holds a safety sensitive position who tests positive while acting within the scope of job duties shall be terminated for cause. Positive Test of Other Employees Compliance with the Districts Drug Policies is a condition of continued employment within the District. The District shall terminate any employee who tests positive for alcohol or illegal drugs while acting within the scope of job duties unless: 1. The employee has voluntarily disclosed a need for counseling or rehabilitation from alcoholism or drug dependence prior to the test; and 2. The employee has agreed to enroll at his or her expense into a rehabilitation, treatment, or counseling program approved by the District. Utah Code Ann. § 34 ‐ 41 ‐ 105(2) (1994) Any employee in a rehabilitation or treatment program who is not in a safety sensitive position may be suspended without pay, placed on probation, or terminated for cause within the discretion of the Superintendent of Schools and/or the Board of Education. Test Procedures
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