1. (1) The following definitions shall apply to any term used in Sections R33-113-301 through R33-113-304:

   1. (a) "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.

   2. (b) "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.

   3. (c) "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.

   4. (d) For purposes of Subsection R33-113-302(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 Procurement Policy 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-3-102.
   5. (e) "State construction contract" means a contract for design or construction entered into by a State Public Procurement Unit that is subject to this Sections R33-113-302 through R33-113-304.

2. (2) In addition:

   1. (a) "Board" means the Procurement Policy Board created under created under Title 63G, Chapter 6, Utah Procurement Code.
   2. (b) "State Public Procurement Unit" means a public procurement unit that is subject to Section 63G-6a-1303.
   3. (c) "State" as used throughout this Sections R33-113-302 through R33-113-304 means the State of Utah except that it also includes those entities described in Subsection R33-113-302(1)(e) as the term "state" is used in Subsection R33-113-302(5).

KEY: construction management, general construction provisions, drug and alcohol testing, state contracts

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1); 63G-6a-1303