Idaho

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Workplace Drug Testing Issues – Idaho State Laws

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

On 02/26/2021 Idaho pass a law that updated the definition of marijuana eliminating certain FDA-approved medications.  This amendment also adds certain synthetic cannabis substances to the definition of controlled substances. See Idaho Senate Bill 1017 CONTROLLED SUBSTANCES — Amends existing law to provide for certain synthetic drugs and controlled substances.

Workplace Drug Testing Laws in Idaho

Drug Testing IssueStatusComments
Instant or POCT TestingNo RestrictionsConfirm non-negative results at laboratory.
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsAll positive results should be determined by confirmation testing.
Medical Review Officer (MRO)Not RequiredRecommended to avoid exposure to liability.
Random TestingNo Restrictions
Post-AccidentNo Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesEmployer must follow the voluntary law - IDAHO CODE 72-1701 TO 1716
Workers Comp DiscountYesProvides that employers who conduct drug and alcohol testing of all current and prospective employees may qualify for a discount on Workers' Compensation premiums at insurers discretion.
Intoxication DefenseYesDenial of Claim - CHAPTER 85 - WORKERS' COMPENSATION Section 85.16 - Willful injury u2014 intoxication
Medical MarijuanaNo
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General StatuteVoluntary 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