72-1706. RIGHT OF EMPLOYEE OR PROSPECTIVE EMPLOYEE TO EXPLAIN POSITIVE TEST RESULT AND REQUEST FOR RETEST. (1) Any employee or prospective employee who tests positive for drugs or alcohol must be given written notice of that test result, including the type of substance involved, by the employer. The employee must be given an opportunity to discuss and explain the positive test result with a medical review officer or other qualified person.
(2) Any employee or prospective employee who has a positive test result may request that the same sample be retested by a mutually agreed upon laboratory. A request for retest must be done within seven (7) working days from the date of the first confirmed positive test notification and may be paid for by the employee or prospective employee requesting the test. If the retest results in a negative test outcome, the employer will reimburse the cost of the retest, compensate the employee for his time if suspended without pay, or if terminated solely because of the positive test, the employee shall be reinstated with back pay.
History:
[72-1706, added 1997, ch. 126, sec. 1, p. 377; am. 2003, ch. 233, sec. 7, p. 595.]
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.