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Senate advances contractor drug‑testing requirement; sponsor to clarify state carve-out language

Utah State Senate · January 25, 2010
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Summary

SB 13 would require contractors on state construction jobs to implement random drug and alcohol testing policies (with exemptions for very small firms). Senators questioned language that appears to let state procurement carve out exceptions for state agencies; sponsor agreed to clarify before third reading. The bill was advanced to third reading.

Senators advanced Senate Bill 13, which requires general contractors on state construction projects to maintain random drug- and alcohol-testing policies for safety-sensitive work and to post signage on sites indicating testing policies.

Sponsor Senator Maine said the measure emerged from a year of industry consultation with UDOT, AGC, risk management, workers’ compensation and manufacturers. Maine emphasized contractor control: firms choose which positions are safety-sensitive, run their own testing programs and are responsible for compliance on jobs they sign. He noted protections for small businesses (firms with nine or fewer employees would be exempt; firms of 10 or more would be subject to the requirement while working on a state job).

During floor questions, Senator Greiner pressed lines 144–148 of the bill, asking why the State Public Procurement Unit could "carve out an exception for itself" under narrowly defined conditions. Greiner said he wanted an answer by the next time the bill is considered. Maine responded he would "circle" the bill and consult with procurement; he agreed to follow up and get the procurement office’s rationale for the language.

After discussion, the Senate voted to place SB 13 on the third-reading calendar; the clerk reported 28 yea votes, 0 nay votes, and 1 absent.