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Drug Testing Laws in the State of Idaho

The 'Private Employer Alcohol and Drug-Free Workplace Act' is a voluntary law which (1) permits employers to test employees and applicants for drugs and alcohol, (2) provides requirements for collection and testing, (3) limits employer liability for establishing a testing program in compliance with the provisions of the Act, or for taking any disciplinary action based on its established substance abuse policy, and (4) establishes that an employee who is discharged for (a) a confirmed positive drug or alcohol test, (b) refusing to be tested, or (c) adulterating or attempting to adulterate a test sample, would be discharged for misconduct for the purposes of receiving unemployment compensation benefits. All testing must be conducted in compliance with 42 U.S.C. 12101. On-site testing is permitted for initial screens but must be confirmed by GC/MS if positive. A workers' compensation premium discount is available to employers who implement and maintain a program in accordance with this act. Idaho Code Sect. 72-1701 - 1716 (1999). A law relating to employee assistance programs clarifies that information communicated in an EAP session is privileged and confidential, and that employers do not have a right to this information, nor can they be held liable for information communicated during an EAP session.

WORKERS COMPENSATION

Idaho's workers' compensation law provides that workers' compensation payments may be reduced by 50% when the proximate cause of the injury is the employee's use of intoxicants . Idaho Code 72-208. Premium Reduction Discount Program In 1999, Idaho amended its drug testing to law to provide a workers' compensation premium discount to employers who implement and maintain a drug-free workplace program in accordance with the state's voluntary drug testing law


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