Section 72-1714 – NO PHYSICIAN-PATIENT RELATIONSHIP CREATED.
72-1714. NO PHYSICIAN-PATIENT RELATIONSHIP CREATED. A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing a drug or alcohol test, solely by the establishment of a drug or alcohol testing program in the workplace. History: [72-1714, added 1997, ch. 126, sec. 1, p. 380; am. 2003, […]
Section 72-1715 – PUBLIC ENTITIES MAY CONDUCT PROGRAMS.
72-1715. PUBLIC ENTITIES MAY CONDUCT PROGRAMS. The state of Idaho and any political subdivision thereof may conduct drug and alcohol testing of employees under the provisions of this chapter and as otherwise constitutionally permitted. History: [72-1715, added 1997, ch. 126, sec. 1, p. 380; am. 2003, ch. 233, sec. 14, p. 598.]
Section 72-1716 – IMPLEMENTATION OF ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM — QUALIFICATION OF EMPLOYER PREMIUM REDUCTION.
72-1716. IMPLEMENTATION OF ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM — QUALIFICATION OF EMPLOYER PREMIUM REDUCTION. (1) For each policy of worker’s compensation insurance issued or renewed in the state on or after July 1, 1999, a reduction in the premium for the policy may be granted if the insurer determines the insured has established and maintains […]
Section 72-1717 – STATE CONSTRUCTION CONTRACTS.
72-1717. STATE CONSTRUCTION CONTRACTS. (1) In order to be eligible for the award of any state contract for the construction or improvement of any public property or publicly owned buildings, contractors shall meet the following requirements: (a) Provide a drug-free workplace program that complies with the provisions of this chapter and as otherwise constitutionally permitted […]
Section 72-1702 – TESTING FOR DRUGS AND/OR ALCOHOL.
72-1702. TESTING FOR DRUGS AND/OR ALCOHOL. (1) It is lawful for a private employer to test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures are in compliance with 42 U.S.C. section 12101. (2) Nothing herein prohibits an employer […]
Section 72-1703 – COST OF TESTING OF CURRENT EMPLOYEES.
72-1703. COST OF TESTING OF CURRENT EMPLOYEES. (1) Any drug or alcohol testing by an employer of current employees shall be deemed work time for purposes of compensation. (2) All costs of drug and alcohol testing for current employees conducted under the provisions of this act, unless otherwise specified in section 72-1706(2), Idaho Code, shall […]
Section 72-1704 – REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING.
72-1704. REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING. All sample collection and testing for drugs and alcohol under this act shall be performed in accordance with the following conditions: (1) The collection of samples shall be performed under reasonable and sanitary conditions; (2) The employer or employer’s agent who is responsible for collecting the sample will […]
Section 72-1705 – EMPLOYER’S WRITTEN TESTING POLICY — PURPOSES AND REQUIREMENTS FOR COLLECTION AND TESTING.
72-1705. EMPLOYER’S WRITTEN TESTING POLICY — PURPOSES AND REQUIREMENTS FOR COLLECTION AND TESTING. (1) An employer must have a written policy on drug and/or alcohol testing that is consistent with the requirements of this act, including a statement that violation of the policy may result in termination due to misconduct. (2) An employer will receive […]
Section 72-1706 – RIGHT OF EMPLOYEE OR PROSPECTIVE EMPLOYEE TO EXPLAIN POSITIVE TEST RESULT AND REQUEST FOR RETEST.
72-1706. RIGHT OF EMPLOYEE OR PROSPECTIVE EMPLOYEE TO EXPLAIN POSITIVE TEST RESULT AND REQUEST FOR RETEST. (1) Any employee or prospective employee who tests positive for drugs or alcohol must be given written notice of that test result, including the type of substance involved, by the employer. The employee must be given an opportunity to […]
Section 72-1707 – DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING.
72-1707. DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING. An employer establishes that an employee was discharged for work-related misconduct, as provided in section 72-1366, Idaho Code, upon a showing that the employer has complied with the requirements of this chapter and that the discharge was based on: (1) A confirmed positive drug […]