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Idaho - STATE LAWS

Workplace drug testing issues – State Laws – Idaho

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

This chart is based on the provisions of the voluntary law - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT - IDAHO CODE 72-1701 TO 1716

Workplace Drug Testing Laws in Idaho

Instant or POCT Testing

No Restrictions

Confirm non-negative results at laboratory.

Drug Panels

No Restrictions

Laboratory

No Restrictions

All positive results should be determined by confirmation testing.

Medical Review Officer (MRO)

Not Required

Recommended to avoid exposure to liability.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

Employer must follow the voluntary law - IDAHO CODE 72-1701 TO 1716

Workers Comp Discount

Yes

Provides that employers who conduct drug and alcohol testing of all current and prospective employees shall qualify for and may be granted an employer Workers' Compensation premium reduction of 5%.

Intoxication Defense

Yes

Denial of Claim - CHAPTER 85 - WORKERS’ COMPENSATION Section 85.16 - Willful injury β€” intoxication

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Voluntary Law - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT - IDAHO CODE 72-1701 TO 1716

Intoxication Defense – On March 30, 2017 Iowa became the 19th state to give employers a great defense to a workers’ compensation claim when the injured worker was intoxicated at the time of injury.  85.16 WILLFUL INJURY – INTOXICATION.  The newly amended section of the Code then provides that “the burden of proof shall be on the employee to overcome the presumption” by showing he/she was not intoxicated at the time of the injury or that the intoxication did not cause the injury.

Unemployment Denial - IDAHO CODE 72-1701 TO 1716

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Idaho