reglab/housing_qa huggingface dataset:
UT Code § 34-38-10 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 38 - Drug and Alcohol Testing|Section 10 - A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

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
UT Code § 34-38-11 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 38 - Drug and Alcohol Testing|Section 11 - Bases for cause of action for defamation, libel, slander, or damage to reputation.

34-38-11. Bases for cause of action for defamation, libel, slander, or damage to reputation.  No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless:  (1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, the tested employee, or the tested prospective employee;     (2) the information disclosed is based on an inaccurate test result;     (3) an inaccurate test result is disclosed with malice; and     (4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.    Amended by Chapter 284, 2010 General Session
UT Code § 34-38-12 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 38 - Drug and Alcohol Testing|Section 12 - No cause of action for failure of employer to establish testing program.

34-38-12. No cause of action for failure of employer to establish testing program.  No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug or alcohol testing.  Enacted by Chapter 234, 1987 General Session
UT Code § 34-38-13 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 38 - Drug and Alcohol Testing|Section 13 - Confidentiality of test-related information.

34-38-13. Confidentiality of test-related information.    (1) For purposes of this section, "test-related information" means the following received by the employer through the employer's drug or alcohol testing program:   (a) information;     (b) interviews;     (c) reports;     (d) statements;     (e) memoranda; or     (f) test results.       (2) Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:   (a) used or received in evidence;     (b) obtained in discovery; or     (c) disclosed in any public or private proceeding.       (3) Test-related information:   (a) shall be disclosed to the Division of Occupational and Professional Licensing:   (i) in the manner provided in Subsection 58-13-5(3); and     (ii) only to the extent required under Subsection 58-13-5(3); and       (b) may only be used in a proceeding related to:   (i) an action taken by the Division of Occupational and Professional Licensing under Section 58-1-401 when the Division of Occupational and Professional Licensing is taking action in whole or in part on the basis of test-related information disclosed under Subsection (3)(a);     (ii) an action taken by an employer under Section 34-38-8; or     (iii) an action under Section 34-38-11.         (4) Test-related information shall be the property of the employer.     (5) An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8.     (6) An employer may not be examined as a witness with regard to test-related information, except:   (a) in a proceeding related to an action taken by the employer under Section 34-38-8;     (b) in an action under Section 34-38-11; or     (c) in an action described in Subsection (3)(b)(i).      Amended by Chapter 152, 2004 General Session
UT Code § 34-38-14 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 38 - Drug and Alcohol Testing|Section 14 - Employee not a person with a disability.

34-38-14. Employee not a person with a disability.  An employee or prospective employee whose drug or alcohol test result is confirmed as positive in accordance with this chapter may not, because of those results alone, be defined as a person with a disability for purposes of Title 34A, Chapter 5, Utah Antidiscrimination Act.  Amended by Chapter 366, 2011 General Session
UT Code § 34-38-15 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 38 - Drug and Alcohol Testing|Section 15 - No physician-patient relationship created.

34-38-15. No physician-patient relationship created.  A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing the test, solely by the establishment of a drug or alcohol testing program in the workplace.  Enacted by Chapter 234, 1987 General Session
UT Code § 34-39-1 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 39 - Employment Inventions Act|Section 1 - Citation of act.

34-39-1. Citation of act.  This act is known as the "Employment Inventions Act."  Enacted by Chapter 217, 1989 General Session
UT Code § 34-39-2 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 39 - Employment Inventions Act|Section 2 - Definitions.

34-39-2. Definitions.  As used in this chapter:  (1) "Employment invention" means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:   (a) conceived, developed, reduced to practice, or created by the employee:   (i) within the scope of his employment;     (ii) on his employer's time; or     (iii) with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;       (b) the result of any work, services, or duties performed by an employee for his employer;     (c) related to the industry or trade of the employer; or     (d) related to the current or demonstrably anticipated business, research, or development of the employer.       (2) "Intellectual property" means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them.    Enacted by Chapter 217, 1989 General Session
UT Code § 34-39-3 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 39 - Employment Inventions Act|Section 3 - Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions.

34-39-3. Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions.    (1) An employment agreement between an employee and his employer is not enforceable against the employee to the extent that the agreement requires the employee to assign or license, or to offer to assign or license, to the employer any right or intellectual property in or to an invention that is:   (a) created by the employee entirely on his own time; and     (b) not an employment invention.       (2) An agreement between an employee and his employer may require the employee to assign or license, or to offer to assign or license, to his employer any or all of his rights and intellectual property in or to an employment invention.     (3) Subsection (1) does not apply to:   (a) any right, intellectual property or invention that is required by law or by contract between the employer and the United States government or a state or local government to be assigned or licensed to the United States; or     (b) an agreement between an employee and his employer which is not an employment agreement.       (4) Notwithstanding Subsection (1), an agreement is enforceable under Subsection (1) if the employee's employment or continuation of employment is not conditioned on the employee's acceptance of such agreement and the employee receives a consideration under such agreement which is not compensation for employment.     (5) Employment of the employee or the continuation of his employment is sufficient consideration to support the enforceability of an agreement under Subsection (2) whether or not the agreement recites such consideration.     (6) An employer may require his employees to agree to an agreement within the scope of Subsection (2) as a condition of employment or the continuation of employment.     (7) An employer may not require his employees to agree to anything unenforceable under Subsection (1) as a condition of employment or the continuation of employment.     (8) Nothing in this chapter invalidates or renders unenforceable any employment agreement or provisions of an employment agreement unrelated to employment inventions.    Enacted by Chapter 217, 1989 General Session
UT Code § 34-41-101 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies|Section 101 - Definitions.

 Effective 7/1/2021  34-41-101. Definitions.  As used in this chapter:  (1) "Drug" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia.     (2) "Drug testing" means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter.     (3) "Local governmental employee" means any person or officer in the service of a local governmental entity or state institution of higher education for compensation.     (4)   (a) "Local governmental entity" means any political subdivision of Utah including any county, municipality, local school district, local district, special service district, or any administrative subdivision of those entities.     (b) "Local governmental entity" does not mean Utah state government or its administrative subdivisions provided for in Sections 63A-17-1001 through 63A-17-1006.       (5) "Periodic testing" means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule.     (6) "Prospective employee" means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education.     (7) "Random testing" means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category.     (8) "Reasonable suspicion for drug testing" means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that a local government employee or volunteer is in violation of the drug-free workplace policy.     (9) "Rehabilitation testing" means unannounced but preselected drug testing done as part of a program of counseling, education, and treatment of an employee or volunteer in conjunction with the drug-free workplace policy.     (10) "Safety sensitive position" means any local governmental or state institution of higher education position involving duties which directly affects the safety of governmental employees, the general public, or positions where there is access to controlled substances, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of performing job duties.     (11) "Sample" means urine, blood, breath, saliva, or hair.     (12) "State institution of higher education" means the institution as defined in Section 53B-3-102.     (13) "Volunteer" means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred.    Amended by Chapter 345, 2021 General Session
UT Code § 34-41-102 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies|Section 102 - Governmental drug-free workplace policies.

 Effective 5/10/2016  34-41-102. Governmental drug-free workplace policies.    (1) Any local governmental entity or state institution of higher education may establish workplace policies and procedures designed to:   (a) educate, counsel, and increase awareness of the dangers of drugs; and     (b) prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers.       (2) A local governmental entity or state institution of higher education may test employees, volunteers, prospective employees, and prospective volunteers for the presence of drugs or their metabolites, in accordance with the provisions of this chapter, as a condition of hiring, continued employment, and voluntary services.     (3) A drug-free workplace policy may include, but does not require, drug testing under the following circumstances:   (a) preemployment hiring or volunteer selection procedures;     (b) postaccident investigations;     (c) reasonable suspicion situations;     (d) preannounced periodic testing;     (e) rehabilitation programs;     (f) random testing in safety sensitive positions; or     (g) to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. Sec. 8101 et seq., or other federally required drug policies.       (4) This section may not be construed to prohibit local governmental entities or state institutions of higher education from establishing policies regarding other hazardous or intoxicating substances.    Amended by Chapter 348, 2016 General Session
UT Code § 34-41-103 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies|Section 103 - Policy requirements.

34-41-103. Policy requirements.    (1)   (a) Before testing or retesting for the presence of drugs, a local governmental entity or state institution of higher education shall:   (i) adopt a written policy or ordinance;     (ii) distribute it to employees and volunteers; and     (iii) make it available for review by prospective employees and prospective volunteers.       (b) The local governmental entity or state institution of higher education may only test or retest for the presence of drugs by following the procedures and requirements of that ordinance or policy.       (2) The collection and testing of samples shall be conducted in accordance with Section 34-41-104 and not necessarily limited to circumstances where there are indications of individual, job-related impairment of an employee or volunteer.     (3) The use and disposition of all drug test results are subject to the limitations of Title 63G, Chapter 2, Government Records Access and Management Act, and Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.     (4) An employee, prospective employee, volunteer, or prospective volunteer shall submit a split urine sample for testing or retesting.     (5) A split urine sample shall consist of at least 45 ml of urine. The urine shall be divided into two specimen bottles, with at least 30 ml of urine in one bottle and at least 15 ml of urine in the other. If the test results of the 30 ml urine sample indicate the presence of drugs, the donor of the test shall have 72 hours from the time the donor is so notified to request, at the donor's option that the 15 ml urine sample be tested for the indicated drugs, the expense of which shall be divided equally between the donor and employer. In addition to the test results of the 30 ml urine sample, the test results of the 15 ml urine sample shall be considered at any subsequent disciplinary hearing if the requirements of this section and Section 34-41-104 have been complied with in the collection, handling, and testing of these samples.    Amended by Chapter 382, 2008 General Session
UT Code § 34-41-105 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies|Section 105 - Rehabilitative and disciplinary actions.

34-41-105. Rehabilitative and disciplinary actions.    (1) If a verified or confirmed positive drug test result indicates a violation of the local governmental entity's or state institution of higher education's written drug-free workplace policy, if an employee, volunteer, prospective employee, or prospective volunteer refuses to provide a sample in accordance with the written policy, or otherwise violates the written policy, an employer may use that test result, refusal, or violation as the basis for imposing any rehabilitative and disciplinary actions authorized by this section.     (2) If the conditions required by Subsection (1) are met, the employer may:   (a) require the employee to enroll in a rehabilitation, treatment, or counseling and educational program, approved by the local governmental entity or state institution of higher education as a condition of continued employment or volunteer service;     (b) suspend the employee with or without pay for a period of time;     (c) terminate the employment or voluntary services;     (d) refuse to hire a prospective employee or use the services of a volunteer; and     (e) impose disciplinary measures in conformance with the usual procedures, including employment contracts of the local governmental entity or state institution of higher education.      Enacted by Chapter 18, 1994 General Session
UT Code § 34-41-106 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies|Section 106 - Employee not a person with a disability.

34-41-106. Employee not a person with a disability.  An employee, volunteer, prospective employee, or prospective volunteer whose drug test results are verified or confirmed as positive in accordance with the provisions of this chapter may not, by virtue of those results alone, be defined as a person with a disability for purposes of:  (1)Title 34A, Chapter 5, Utah Antidiscrimination Act; or     (2) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 through 12213.    Amended by Chapter 297, 2011 General SessionAmended by Chapter 366, 2011 General Session
UT Code § 34-41-107 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies|Section 107 - No physician-patient relationship created.

34-41-107. No physician-patient relationship created.  A physician-patient relationship is not created between an employee, volunteer, prospective employee, or prospective volunteer, and the local governmental entity, state institution of higher education, or any person performing the test, solely by the establishment of a drug testing program in the workplace.  Enacted by Chapter 18, 1994 General Session
UT Code § 34-42-1 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 42 - Employer Reference Immunity|Section 1 - Employer references -- Civil liability -- Rebuttable presumption -- Common law.

34-42-1. Employer references -- Civil liability -- Rebuttable presumption -- Common law.    (1) An employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, may not be held civilly liable for the disclosure or the consequences of providing the information.     (2) There is a rebuttable presumption that an employer is acting in good faith when the employer provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee.     (3) The presumption of good faith is rebuttable only upon showing by clear and convincing evidence that the employer disclosed the information with actual malice or with intent to mislead.     (4) For purposes of this section "actual malice" means knowledge that the information was false or reckless disregard of whether the information was false.     (5) This section does not alter any privileges that exist under common law.    Enacted by Chapter 346, 1995 General Session
UT Code § 34-43-101 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 43 - Disaster Service Volunteer Leave Act|Section 101 - Title.

34-43-101. Title.  This chapter is known as the "Disaster Service Volunteer Leave Act."  Enacted by Chapter 186, 1998 General Session
UT Code § 34-43-102 (2021)
2021 Utah Code|Title 34 - Labor in General|Chapter 43 - Disaster Service Volunteer Leave Act|Section 102 - Definitions.

34-43-102. Definitions.  As used in this chapter:  (1) "Certified disaster service volunteer" means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross.     (2) "Disaster" means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures.     (3) "State agency" means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government.    Enacted by Chapter 186, 1998 General Session