State:	Idaho
Statute of Order:	Idaho Code §72-1701 et seq.
Covered Employers:	All employers.
Applicant Testing:	Testing authorized as a condition of employment.
Employee Testing:	Testing authorized, including random testing, after notice to employees. Policy must list types of tests and state that violation is grounds for misconduct discharge. Unemployment benefits may be denied for discharge because of positive result, refusal to be tested, or altering results.
Conditions & Methods:	Confirming test after positive results, confidentiality of test, and methods of collection, storage, and transportation that ensure noncontamination of specimen.
Pass Drug Testing Bulletpoints:	All costs related to drug testing for current employees are to be paid by the employer. Drug and alcohol testing required by an employer is considered work time when it comes to employee compensation purposes. Employers must publish and make available a written policy stating that drug testing may be a requirement as a condition of hiring or continued employment and that violating the policy may result to termination due to misconduct. A confirmation drug test by a certified laboratory using reliable analytical methodologies is required before adverse employment action can be taken by the employer against the offending employee. Confirmatory tests are also required for initial positive alcohol tests. The employee or prospective employee has the right to receive written notice of the positive test result from the employer and must be given the chance to explain the test result with a medical review officer. A retest of the same sample by a mutually agreed upon laboratory must be granted to the person upon request. Request for retest must be submitted within seven days of the positive test notification. The cost of the retest must be paid by the employee or prospective employee. Should the confirmation test result come up negative, the employer reimburses the cost of the retesting. Workers’ compensation benefits may be reduced to 50% if the cause of injury is due to intoxicants. Unemployment benefits may also be denied to the employee for misconduct related to violations of employer’s drug-free workplace policy. Employers get up to 5% reduction on workers’ compensation insurance premium for implementing compliant drug-free workplace programs. No legal action may be taken against an employer for any adverse employment action imposed on an employee on the basis of a confirmed positive drug or alcohol testing done in compliance of the State’s voluntary alcohol and drug-free workplace program’s provisions.

10 Things to Know To Pass A Drug Test In Idaho

1. Voluntary State

Idaho is a voluntary state. Therefore, employers looking for the 5% insurance discount should conduct the tests as per state Law. When the employer is not seeking that discount, the common Law would apply. Except when specifically mentioned otherwise, the provisions shall apply only to those employers who seek state protection.

2. Policy

Private employers shall present a written policy on alcohol/drug testing. The policy shall incorporate a statement that violation can cause termination on account of misconduct. The policy should be made available to all affected employees. Prospective employees also shall be provided an opportunity to review the policy.

3. Notice

Any employee having tested positive for drugs or alcohol must be provided with a written notice conveying the test result and the substance involved. The employee shall be given an opportunity to explain and discuss the result an MRO or a qualified person.

4. Costs

All ‘required’ costs are paid for by the employer. Test time is deemed to be work time. Cost of an eventual retest to be paid by the employee, except when a re-test returns a negative result.

5. Consequences

No limit whatsoever has been prescribed on discipline. However, when employers seek state protection/benefits, the following shall apply. Violation of the employer’s policy furnished in writing shall invite disciplinary action including refusal to hire. The claimant (employee) in such cases shall also not be eligible to receive state benefits. Actions taken by employer in pursuance of these provisions shall not become cause of action against the employer.

6. For Whom?

This is not specified in particular. However, in the case of employers seeking state benefits/protection, all employees are subjected to testing. Public employers may, however, establish their own DFWA program.

7. Substances identified for testing

A covered employer can test for Marijuana (Cannabinoids), amphetamines, Cocaine (benzoylecgonine) Opiates (morphine, heroin and codeine) and PCP, apart from Alcohol.

8. Type of tests

Pre-employment, baseline, Post-accident, Return to duty, Random, Follow-up and reasonable suspicion are the permitted test categories under the voluntary state Law. However, the tests are not limited to what has been mentioned here.

9. Procedure for test

Only trained personnel can collect for drug tests. Sample testing should conform to scientific analytical procedures and methods. Confirmatory test is required before using the results for action by employer. A confirmatory test is a mandatory test using Chromatographic technique or other analytical methods which are comparable and reliable.

Employee/prospective employee can request a retest of identical sample at a lab mutually agreed. Such a request shall be made not later than 7 days from the date of the initial confirmed positive result notification. The associated costs are to be borne by the employee/prospective employee.

10. State Peculiarities

Unemployment benefits cannot be claimed by an employee if he fails to accept suitable work because an alcohol/drug test forms a pre-employment routine. An exception would be when the employee/claimant is paying for a test which returns negative results. A private employer can avail all state benefits even when its testing policy does not conform to state Laws. But, a testing policy duly negotiated with a ‘collective bargaining representative’ or forming part of a collective agreement.

PASS How To Pass A Drug Test In IDAHO