• Home
• About Us
• Contact
• FAQs
• Get a Quote
• Client Login

The Idaho Private Employer Alcohol and Drug-Free Workplace Act establishes voluntary drug and alcohol testing guidelines for private employers, although the state of Idaho and its political subdivisions may also conduct drug and alcohol testing of employees under the law.

It is lawful for a private employer to test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures are in compliance with the Americans with Disabilities Act.

For each policy of worker's compensation insurance issued or renewed in Idaho on or after July 1, 1999, a reduction in the premium for the policy may be granted if the insurer determines the insured has established and maintains an alcohol and drug-free workplace program that complies with the requirements of the Idaho Private Employer Alcohol and Drug-Free Workplace Act.

Any testing for the presence of drugs or alcohol by a private employer must be carried out within the terms of a written policy that has been communicated to affected employees, and is available for review by prospective employees.

The private employer must list the types of tests an employee may be subject to in its written policy, which may include, but are not limited to, the following: baseline; preemployment; post-accident; random; return to duty; follow-up; and reasonable suspicion.

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 private employer.

§72-1701-1715 (1997)
"Private Employer Alcohol and Drug-Free Workplace Act"
Voluntary law that permits employers to test employees and applicants for drugs and alcohol. Provides requirements for collection and testing. Limits employer liability for establishing a testing program in compliance with the act. Establishes that an employee who is discharged for a confirmed positive drug or alcohol test, refusing to be tested, adulterated or attempting to adulterate a test sample would be discharged for misconduct for purposes of unemployment insurance.

Chapter No. 224 (2004)
Adds to existing law relating to the Idaho Employer Alcohol and Drug-free Workplace Act to provide certain eligibility requirements for contractors relating to state construction contracts

§72-208
Payments may be reduced by 50% when the proximate cause of the injury is the employee's use of intoxicants.

SB 1119 (2003)
Provides that public employers who conduct drug and alcohol testing of all current and prospective employees shall qualify for and may be granted an employer Workers' Compensation premium reduction