The Idaho Employer Alcohol and Drug-Free Workplace Act sets up voluntary guidelines that permit alcohol and drug testing of job applicants and employees as a condition of hiring or continued employment (ID Code Sec. 72-1701et seq.). The law also enables an employer to classify a drug- or alcohol-related termination as work-related misconduct that can disqualify an employee from eligibility for unemployment compensation benefits. In addition to adhering to specific rules on sample collection, handling, and confidentiality, employers that choose to set up a testing program must comply with specific provisions of the law, including the following:
Written policy. An employer must have a written policy on drug and/or alcohol testing that is communicated to all employees and “made available for review” by job applicants. The policy must state that violating the policy is grounds for a misconduct discharge. The policy must also list the types of tests an employee may be subjected to, including baseline, preemployment, post-accident, random, return to duty, follow-up, and reasonable suspicion. Employers are also permitted to test under a policy negotiated as part of a collective bargaining agreement.
Note: Employers that follow a drug and alcohol testing policy negotiated under a collective bargaining agreement will be considered to be in compliance with state law, even if the negotiated policy does not conform to statutory provisions.
Confirming test. Under the law, drug testing includes a “confirmatory test,” i.e., a second or additional test of the same sample, before an employer can take disciplinary action. Employees or applicants who test positive must be given written notice of the test and must ...