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 Issue | Status | Comments |
|---|---|---|
| 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 may qualify for a discount on Workers' Compensation premiums at insurers discretion. |
| Intoxication Defense | Yes | Denial of Claim - CHAPTER 85 - WORKERS' COMPENSATION Section 85.16 - Willful injury u2014 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