R916. Transportation, Operations, Construction.R916-6. Drug and Alcohol Testing in State Construction Contracts.
R916-6-1. Purpose.
The purpose of this rule is to comply with the provisions of Utah Code Section 63G-6a-1303.
R916-6-2. Authority.
This rule is required by Subsection 63G-6a-1303(4)(b) and is enacted under the authority of Subsection 72-1-201(1)(h).
R916-6-3. Definitions.
Except as otherwise provided in this rule, the terms used are defined in Subsection 63G-6a-1303(1), and "Department" means the Utah Department of Transportation.
R916-6-4. Requirements and Procedures.
A contractor or subcontractor shall demonstrate compliance with the requirements of Section 63G-6a-1303 by certifying in the contract documents that the contractor or subcontractor has and will maintain a drug and alcohol testing policy that meets all the requirements of Section 63G-6a-1303 during the period of the state construction contract.
R916-6-5. Penalties.
A contractor or subcontractor's failure to comply with the provisions of Section 63G-6a-1303 will be considered a breach of the terms of the contract and the Department may pursue all remedies and impose all penalties allowed by law, including but not limited to suspension and debarment.
R916-6-6. Reasonable Notice and Opportunity to Cure.
The Department shall give reasonable notice and an opportunity to cure a violation of Section 63G-6a-1303 before suspension or debarment of the contractor or subcontractor under R916-6-5.
KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201
