72-1711. FALSE TEST RESULT — PRESUMPTION AND LIMITATION OF DAMAGES IN CLAIM AGAINST EMPLOYER. (1) No cause of action arises in favor of any person against an employer who has established a program of drug and alcohol testing in accordance with this chapter, and who has taken any action based on its established substance abuse and/or disciplinary policies, unless the employer’s action was based on a false test result, and the employer knew or clearly should have known that the result was in error.
(2) In any claim where it is alleged that an employer’s action was based on a false test result:
(a) There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of section 72-1704, Idaho Code;
(b) The employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith; and
(c) There is no employer liability for any action taken related to a "false negative" drug or alcohol test.
History:
[72-1711, added 1997, ch. 126, sec. 1, p. 379; am. 2003, ch. 233, sec. 11, p. 597.]
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.