1. (1) The following definitions of Section 63G-6a-1303 shall apply to any term used in this rule:

   1. (a) "Contractor" means a person who is or may be awarded a state construction contract.

   2. (b) "Covered individual" means an individual who:

      1. (i) on behalf of a contractor or subcontractor provides services directly related to design or construction under a state construction contract; and
      2. (ii) is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a state construction contract.

   3. (c) "Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:

      1. (i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug; or
      2. (ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

   4. (d) "Random testing" means that a covered individual is subject to periodic testing for drugs and alcohol:

      1. (i) in accordance with a drug and alcohol testing policy; and
      2. (ii) on the basis of a random selection process.

   5. (e) For purposes of Subsection R131-15-4(5), "state" includes any of the following of the state:

      1. (i) a department;
      2. (ii) a division;
      3. (iii) an agency;
      4. (iv) a board including the Capitol Preservation Board;
      5. (v) a commission;
      6. (vi) a council;
      7. (vii) a committee; and
      8. (viii) an institution, including a state institution of higher education, as defined under Section 53B-1-102.
   6. (f) "State construction contract" means a contract for design or construction entered into by the Capitol Preservation Board.

   7. (g)(i) "Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction.

      1. (ii) "Subcontractor" includes a trade contractor or specialty contractor.
      2. (iii) "Subcontractor" does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

2. (2) In addition:

   1. (a) "Board" means the Capitol Preservation Board established pursuant to Section 63O-2-201.
   2. (b) "Executive Director" means the Executive Director of the Capitol Preservation Board.
   3. (c) "State" as used throughout Rule R131-15 means the State of Utah except that it also includes those entities described in Subsection R131-15-3(1)(e) as the term "state" is used in Section R131-15-5.

KEY: drug and alcohol testing, contractors, contracts

Date of Last Change: November 4, 2024

Notice of Continuation: January 23, 2025

Authorizing, and Implemented or Interpreted Law: 63G-6a-1303