(1) An employer may take an action described in Subsection (2) if: (a) the employer receives a test result that: (i) indicates a failed test; (ii) is confirmed as required by Subsection 34-38-6(6); and (iii) indicates a violation of the employer's written policy; or (b) an employee or prospective employee refuses to provide a sample. (2) An employer may use a test result or a refusal described in Subsection (1) as the basis for disciplinary or rehabilitative actions, which may include the following: (a) a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment; (b) suspension of the employee with or without pay for a period of time; (c) termination of employment; (d) refusal to hire a prospective employee; or (e) other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.
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