72-1701. PURPOSE AND INTENT OF ACT. (1) The purpose of this act is to promote alcohol and drug-free workplaces and otherwise support employers in their efforts to eliminate substance abuse in the workplace, and thereby enhance workplace safety and increase productivity. This act establishes voluntary drug and alcohol testing guidelines for employers that, when complied […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
72-1712. CONFIDENTIALITY OF INFORMATION. (1) All information, interviews, reports, statements, memoranda or test results, written or otherwise, received through a substance abuse testing program shall be kept confidential, and are intended to be used only for an employer’s internal business use; or in a proceeding related to any action taken by or against an employer […]
72-1713. EMPLOYEE NOT "DISABLED." An employee or prospective employee whose drug or alcohol test results are verified or confirmed as positive in accordance with the provisions of this act shall not, by virtue of those results alone, be defined as a person with a "disability" for purposes of chapter 59, title 67, Idaho Code. History: […]
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, […]
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.]
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 […]
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 […]
