DAR File No. 29309

Human Resource Management, Administration

R477-14

Substance Abuse and Drug-Free Workplace

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29309
Filed: 12/06/2006, 09:46
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule implements five sections of Utah Code that govern illegal activity concerning controlled substances and alcohol among state employees. Section 67-19-33 states that an employee: may not manufacture, dispense, possess, use, distribute or be under the influence of controlled substances or alcohol at work or on state property; engage in this activity if it prevents the state from receiving federal grants or contracts of $25,000 or more; be impaired at work because of this activity; or refuse to submit to a drug or alcohol test. Section 67-19-35 requires an employee who is convicted for activity with controlled substances or alcohol to report the conviction to his supervisor within 5 days and for the stage agency director to report this to the federal grantor agency within 10 days of receiving the notice of conviction. Section 67-19-36 provides for a state employee to be tested if there is reasonable suspicion that the employee is using a controlled substance during work hours. Sections 67-19-37 and 67-19-38 provide that an employee is subject to discipline for violations of these sections.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In the previous five years, one written comment was received concerning this rule. In 2006, the Department of Human Services (DHS) submitted a written request to amend the corrective action and discipline provision of this rule found at Subsection R477-14-1(15). In order to speed up due process on matters concerning the illegal use of controlled substances, DHS requested that the corrective action provision of this section be removed. They argued that the violations listed in the code warranted discipline rather than the milder corrective action. The Department of Human Resource Management (DHRM) leadership team agreed and appropriate amendments were filed and made effective on 07/01/2006.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 67-19-33 requires DHRM to make rules governing: the discipline of employees for violations of the substance abuse sections; the testing of employees for suspected use of controlled substances; the confidentiality of testing results; and the minimum blood levels for work effectiveness of employees. Beyond the Utah Code, the rule is necessary in order to comply with the federal Drug Free Workplace Act of 1988 which requires the reporting of convictions of employees for substance abuse. This rule also incorporates the same cutoff levels for positive blood and alcohol tests as the federal government found in the Drug Free Workplace Act of 1988 and the Omnibus Transportational Employee Testing Act of 1991. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at lalmond@utah.gov

Authorized by:

Jeff Herring, Executive Director