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Committee adopts amendment and advances HB130 requiring employers to pay for employment-related medical exams and tests
Summary
After questions about pre-employment testing and scope, the committee adopted a second amendment and recommended HB130 favorably; sponsors said the bill prevents employers from making workers pay and then reimburse them for employment-related medical exams, while preserving limited exceptions and the option of a liability waiver for prospective employees.
House Bill 130, as amended, won a favorable committee recommendation after testimony and a brief public comment period. Representative Glynn told the committee the bill responds to reports that some employers require prospective or current employees to pay up-front for required drug tests or medical examinations and are slow to reimburse them. Under the committee-adopted language, employers must pay the out-of-pocket cost when the exam or test is a condition of employment. The bill also bars employers from forcing workers to use vacation time for required exams and requires compensation for time spent when exams occur outside regular hours.
Representative Glynn clarified that the measure does not require employers to pay for non-employment medical evaluations (for example, a medical fitness evaluation required after an on-the-job injury, which would be handled under workers’ compensation), nor for routine license renewals such as a CDL. Committee members asked whether pre-employment or random testing would be covered; Glynn responded that if the test is a condition of employment it should be covered, but noted that employers may instead use a liability waiver for prospective employees.
David Kitchen, HR director for Lehi City, supported the bill’s intent but asked for clearer language about random drug tests and the definition of “medical exam.” Glynn said existing hypotheticals could be addressed by counsel and that employees who voluntarily engage in illicit activity leading to a failed test would not be covered by the employer-pay rule.
The committee adopted the sponsor’s second amendment and voted to pass HB130 favorably as amended.
