72-1712. CONFIDENTIALITY OF INFORMATION. (1) All information, interviews, reports, statements, memoranda or test results, written or otherwise, received through a substance abuse testing program shall be kept confidential, and are intended to be used only for an employer’s internal business use; or in a proceeding related to any action taken by or against an employer under section 72-1707, 72-1708 or 72-1711, Idaho Code, or other dispute between the employer and the employee or applicant; or as required to be disclosed by the United States department of transportation law or regulation or other federal law; or as required by service of legal process.
(2) The information described in subsection (1) of this section shall be the property of the employer.
(3) An employer, laboratory, medical review officer, employee assistance program, drug or alcohol rehabilitation program and their agents, who receive or have access to information concerning test results shall keep the information confidential, except as provided in subsection (4) of this section.
(4) Nothing in this chapter prohibits an employer from using information concerning an employee or job applicant’s substance abuse test results in a lawful manner with respect to that employee or applicant as provided in chapter 2, title 44, Idaho Code.
History:
[72-1712, added 1997, ch. 126, sec. 1, p. 379; am. 2003, ch. 233, sec. 12, 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.