Idaho Drug Testing Laws and Regulations
|Statute of Order:
||Idaho Code §72-1701 et seq.
||Testing authorized as a condition of employment.
|| Testing authorized, including random testing, after notice to employees. Policy must list types of tests and state that violation is a ground for misconduct discharge. Unemployment benefits may be denied for discharge because of positive result, refusal to be tested, or altering results.
|Conditions & Methods:
||Confirming test after positive results, confidentiality of test, and methods of collection, storage, and transportation that ensure noncontamination of specimen.
- All costs related to drug testing for current employees are to be paid by the employer. Drug and alcohol testing required by an employer is considered work time when it comes to employee compensation purposes.
- Employers must publish and make available a written policy stating that drug testing may be a requirement as a condition of hiring or continued employment and that violating the policy may result to termination due to misconduct.
- A confirmation drug test by a certified laboratory using reliable analytical methodologies is required before adverse employment action can be taken by the employer against the offending employee. Confirmatory tests are also required for initial positive alcohol tests.
- The employee or prospective employee has the right to receive written notice of the positive test result from the employer and must be given the chance to explain the test result with a medical review officer.
- A retest of the same sample by a mutually agreed upon laboratory must be granted to the person upon request. Request for retest must be submitted within seven days of the positive test notification. The cost of the retest must be paid by the employee or prospective employee. Should the confirmation test result come up negative, the employer reimburses the cost of the retesting.
- Workers’ compensation benefits may be reduced to 50% if the cause of injury is due to intoxicants.
- Unemployment benefits may also be denied to the employee for misconduct related to violations of employer’s drug-free workplace policy.
- Employers get up to 5% reduction on workers’ compensation insurance premium for implementing compliant drug-free workplace programs.
- No legal action may be taken against an employer for any adverse employment action imposed on an employee on the basis of a confirmed positive drug or alcohol testing done in compliance of the State’s voluntary alcohol and drug-free workplace program’s provisions.
- An employer can use the information regarding an employee’s or job applicant’s drug/alcohol abuse test results in a legal way pertaining to the particular employee or job applicant.
- An employee or job applicant with a positive substance abuse test results is not considered disabled.
- State contractors are required to meet the terms of the provisions of this section.
| Medical Marijuana Law:
|| In 2011-2012, Rep Tom Trail introduced the legislation on the merits of medical marijuana. Unfortunately, Rep Tom Trail retired before any concrete step was taken for the legislation of medical marijuana. The Senate Concurrent Resolution 112 has been approved by Senate and is set for a final vote on the House. This resolution will officially announce that the Idaho Legislature is not in favor on the legalization of marijuana even for medical purposes. On the other side, the NGO Compassionate Idaho is working on the inclusion of medical marijuana on the November 2014 ballot.
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