Utah Administrative Code
Topic - Capitol Preservation Board (State)
Title R131 - Administration
Rule R131-15 - State Construction Contracts and Drug and Alcohol Testing
Section R131-15-4 - Applicability
Universal Citation: UT Admin Code R 131-15-4
Current through Bulletin 2024-18, September 15, 2024
(1) Except as provided in Section R131-15-5, on and after July 1, 2010, the Board may not enter into a state construction contract (includes a contract for design or construction) unless the state construction contract requires the following:
(a) A contractor shall demonstrate to the
Capitol Preservation Board that the contractor:
(i) has and will maintain a drug and alcohol
testing policy during the period of the state construction contract that
applies to the covered individuals hired by the contractor;
(ii) posts in one or more conspicuous places
notice to covered individuals hired by the contractor that the contractor has
the drug and alcohol testing policy described in Subsection R131-15-4(1)(a)(i);
and
(iii) subjects the covered
individuals to random testing under the drug and alcohol testing policy
described in Subsection R131-15-4(1)(a)(i) if at any time during the period of
the state construction contract there are ten or more individuals who are
covered individuals hired by the contractor.
(b) A contractor shall demonstrate to the
Board, which shall be demonstrated by a provision in the contract where the
contractor acknowledges this Rule R131-15 and agrees to comply with all aspects
of this Rule R131-15, that the contractor requires that as a condition of
contracting with the contractor, a subcontractor, which includes consultants
under contract with the designer:
(i) has and
will maintain a drug and alcohol testing policy during the period of the state
construction contract that applies to the covered individuals hired by the
subcontractor;
(ii) posts in one or
more conspicuous places notice to covered individuals hired by the
subcontractor that the subcontractor has the drug and alcohol testing policy
described in Subsection R131-15-4(1)(b)(i); and
(iii) subjects the covered individuals hired
by the subcontractor to random testing under the drug and alcohol testing
policy described in Subsection R131-15-4(1)(b)(i) if at any time during the
period of the state construction contract there are ten or more individuals who
are covered individuals hired by the subcontractor.
(2)
(a) Except as otherwise provided in this
Subsection R131-15-4(2), if a contractor or subcontractor fails to comply with
Subsection R131-15-4(1), the contractor or subcontractor may be suspended or
debarred in accordance with this Rule R131-15.
(b) On and after July 1, 2010, the Board
shall include in a state construction contract a reference to this Rule
R131-15.
(c)
(i) A contractor is not subject to penalties
for the failure of a subcontractor to comply with Subsection
R131-15-4(1).
(ii) A subcontractor
is not subject to penalties for the failure of a contractor to comply with
Subsection R131-15-4(1).
(3)
(a) The
requirements and procedures a contractor shall follow to comply with Subsection
R131-15-4(1) is that the contractor, by executing the construction contract
with the Board, is deemed to certify to the Board that the contractor, and all
subcontractors under the contractor that are subject to Subsection
R131-15-4(1), shall comply with all provisions of this Rule R131-15 as well as
Section
63G-6-604;
and that the contractor shall on a semi-annual basis throughout the term of the
contract, report to the Executive Director in writing information that
indicates compliance with the provisions of Rule R131-15 and Section
63G-6-604.
(b) A contractor or subcontractor may be
suspended or debarred in accordance with the applicable Utah statutes and
rules, if the contractor or subcontractor violates a provision of Section
63G-6-604. The contractor or subcontractor shall be provided reasonable notice
and opportunity to cure a violation of Section
63G-6-604
before suspension or debarment of the contractor or subcontractor in light of
the circumstances of the state construction contract or the violation. The
greater the risk to person(s) or property as a result of noncompliance, the
shorter this notice and opportunity to cure shall be, including the possibility
that the notice may provide for immediate compliance if necessary to protect
person(s) or property.
(4) The failure of a contractor or subcontractor to meet the requirements of Subsection R131-15-4(1):
(a) may not be the basis for a protest or
other action from a prospective bidder, offeror, or contractor under Part 8,
Legal and Contractual Remedies or the similar rules of the Board; and
(b) may not be used by the Board, a
prospective bidder, an offeror, a contractor, or a subcontractor as a basis for
an action that would suspend, disrupt, or terminate the design or construction
under a state construction contract.
(5)
(a)
After the Board enters into a state construction contract in compliance with
Section
63G-6-604,
the state is not required to audit, monitor, or take any other action to ensure
compliance with Section 63G-6-604.
(b) The state is not liable in any action
related to Section
63G-6-604
and this Rule R131-15, including not being liable in relation to:
(i) a contractor or subcontractor having or
not having a drug and alcohol testing policy;
(ii) failure to test for a drug or alcohol
under a contractor's or subcontractor's drug and alcohol testing
policy;
(iii) the requirements of a
contractor's or subcontractor's drug and alcohol testing policy;
(iv) a contractor's or subcontractor's
implementation of a drug and alcohol testing policy, including procedures for:
(A) collection of a sample;
(B) testing of a sample;
(C) evaluation of a test; or
(D) disciplinary or rehabilitative action on
the basis of a test result;
(v) an individual being under the influence
of drugs or alcohol; or
(vi) an
individual under the influence of drugs or alcohol harming another person or
causing property damage.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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