Idaho employment drug testing law does not require nor prohibit employers from conducting drug tests on applicants and employees. Employers choosing to enforce a drug-free workplace program must create a written policy and ensure all employees have been made aware. Employers are not obligated to conform to all the statutory provisions as long as their written policy is consistent with the terms of the employees’ collective agreement. Worker’s compensation premiums may be reduced if employers comply with Idaho’s drug testing laws.
Can Current Employees be Tested? Yes, an employer may perform drug tests under almost any circumstance as long as it is included in the written policy. This includes, but is not limited to, the following:
- accident in the workplace
- returning to work post-rehabilitation
- reasonable suspicion
- random testing
Is Certified Testing Required? No.
What Can be Tested? No limitations.
How to Conduct a Legal Drug Test
Step 1 – Employers must notify applicants and employees of their drug-free workplace program in writing. Providing this written policy is the same as receiving consent from the applicant/employee. A Drug Test Release Form can be included in the written policy, but it is not required.
Step 2 – Employers must collect samples in accordance with § 72-1704. The collection of samples does not have to be conducted by a trained professional but must be taken under reasonable and sanitary conditions. There are no limitations in regards to the types of specimens collected.
Step 3 – In the event of a positive test result, action may not be taken by the employer until a confirmation test is performed. This confirmation test should be conducted in a laboratory using a chromatographic technique.
Step 4 – An employee shall be given the right to explain or request a retest with a medical review officer. All requests for retests must be done within seven (7) days from the first confirmed test and will be paid for by the employee. If the results come back negative, the employer will reimburse the employee and compensate them for any work missed due to a suspension without pay.