72-1702. TESTING FOR DRUGS AND/OR ALCOHOL. (1) It is lawful for a private employer to test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures are in compliance with 42 U.S.C. section 12101.
(2) Nothing herein prohibits an employer from using the results of a drug or alcohol test conducted by a third party including, but not limited to, law enforcement agencies, hospitals, etc., as the basis for determining whether an employee has committed misconduct.
(3) This act does not change the at-will status of any employee.
History:
[72-1702, added 1997, ch. 126, sec. 1, p. 375; am. 2003, ch. 233, sec. 3, p. 593.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT
Section 72-1701 - PURPOSE AND INTENT OF ACT.
Section 72-1702 - TESTING FOR DRUGS AND/OR ALCOHOL.
Section 72-1703 - COST OF TESTING OF CURRENT EMPLOYEES.
Section 72-1704 - REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING.
Section 72-1707 - DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING.
Section 72-1709 - FAILURE OF CLAIMANT TO ACCEPT SUITABLE WORK.
Section 72-1710 - LIMITATIONS OF EMPLOYER LIABILITY.
Section 72-1712 - CONFIDENTIALITY OF INFORMATION.
Section 72-1713 - EMPLOYEE NOT “DISABLED.”
Section 72-1714 - NO PHYSICIAN-PATIENT RELATIONSHIP CREATED.