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 […]
Section 72-1708 – EMPLOYER’S DISCIPLINARY OR REHABILITATIVE ACTIONS BASED ON TESTING — CLAIMANT INELIGIBLE FOR BENEFITS.
72-1708. EMPLOYER’S DISCIPLINARY OR REHABILITATIVE ACTIONS BASED ON TESTING — CLAIMANT INELIGIBLE FOR BENEFITS. (1) Unless otherwise prohibited, upon receipt of a confirmed positive drug or alcohol test result or other proof which indicates a violation of an employer’s written policy, or upon the refusal of an employee to provide a test sample, or upon […]
Section 72-1709 – FAILURE OF CLAIMANT TO ACCEPT SUITABLE WORK.
72-1709. FAILURE OF CLAIMANT TO ACCEPT SUITABLE WORK. If a claimant for unemployment benefits does not accept otherwise suitable work, as contemplated in section 72-1366(4), (6) or (7), Idaho Code, because he is required to take a preemployment drug or alcohol test, the claimant has failed to accept suitable work, unless the claimant is required […]
Section 72-1601 – SHORT TITLE.
72-1601. SHORT TITLE. This chapter shall be known and may be cited as the "Directory of New Hires Act." History: [72-1601, added 1997, ch. 340, sec. 1, p. 1016.]
Section 72-1710 – LIMITATIONS OF EMPLOYER LIABILITY.
72-1710. LIMITATIONS OF EMPLOYER LIABILITY. (1) No cause of action arises in favor of any person based upon the absence of an employer established program or policy of drug or alcohol testing in accordance with this chapter. (2) No cause or action arises in favor of any person against an employer for any of the […]
Section 72-1602 – PURPOSE.
72-1602. PURPOSE. This chapter establishes an automated state directory of new hires to be administered by the department of labor for the purpose of securing for this state the maximum benefits of the act of congress, approved August 22, 1996, known as the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996." The state directory […]
Section 72-1711 – FALSE TEST RESULT — PRESUMPTION AND LIMITATION OF DAMAGES IN CLAIM AGAINST EMPLOYER.
72-1711. FALSE TEST RESULT — PRESUMPTION AND LIMITATION OF DAMAGES IN CLAIM AGAINST EMPLOYER. (1) No cause of action arises in favor of any person against an employer who has established a program of drug and alcohol testing in accordance with this chapter, and who has taken any action based on its established substance abuse […]