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Senate advances bill allowing local governments to adopt drug-free workplace programs with defined safeguards

Utah State Senate · January 25, 1994
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Summary

Senate Bill 46 lets cities, counties, higher education and special service districts adopt drug-free workplace programs; sponsor said it is permissive (may adopt), requires notification of a positive test and allows a second test at the individual's expense, and includes procedural safeguards for testing and hearings.

Senate Bill 46, a local-government drug-free workplace enabling act, advanced in the Utah Senate after a favorable Health & Environment committee report and floor discussion.

Sponsor Sen. Lyle Hilliard said the bill was developed after consultations with local entities and the attorney general's office and is intended to provide a model set of parameters that local governments may adopt if they choose. He emphasized the bill is permissive: "This bill clearly is not a mandate," the sponsor told the chamber.

The floor amendments clarify notification and second-test procedures: if a prospective volunteer or employee tests positive, the employer must notify the individual and inform them where they can obtain a confirmation test; if a second test (at the individual's expense) shows the initial positive was erroneous, some sponsors said local plans could provide reimbursement. The sponsor said screening tests cost roughly $15 and a full confirmation is about $40, and noted Salt Lake City's experience of a small number of positives relative to tests run.

Supporters argued the bill provides needed local authority and safeguards; some city attorneys had earlier raised concerns but the League of Cities and Towns adopted a neutral stance after discussions. The Senate adopted the committee report and placed SB 46 on the third-reading calendar.