Idaho State Drug Testing Laws
Workplace Drug Testing Issues – Idaho State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
This chart is based on the provisions of the voluntary law – IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT – IDAHO CODE 72-1701 TO 1716
On 02/26/2021, Idaho passed a law that updated the definition of marijuana, eliminating certain FDA-approved medications. This amendment also adds certain synthetic cannabis substances to the meaning of controlled substances. See Idaho Senate Bill 1017 CONTROLLED SUBSTANCES — Amends existing law to provide for certain synthetic drugs and controlled substances.
Workplace Drug Testing Laws in Idaho
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No Restrictions |
Confirm non-negative results at a laboratory. |
| Drug Panels |
No Restrictions |
|
| Laboratory |
No Restrictions |
All positive results should be determined by confirmation testing. |
| Medical Review Officer (MRO) |
Not Required |
It is recommended to avoid liability exposure. |
| Random Testing |
No Restrictions |
|
| Post-Accident |
No Restrictions |
|
| Reasonable Suspicion |
No Restrictions |
|
| Oral Fluids |
No Restrictions |
|
| Hair Testing |
No Restrictions |
|
| Unemployment Denial |
Yes |
The employer must follow the voluntary law - IDAHO CODE 72-1701 TO 1716 |
| Workers Comp Discount |
Yes |
Provides that employers who conduct drug and alcohol testing of all current and prospective employees may qualify for a discount on Workers' Compensation premiums at insurers' discretion. |
| Intoxication Defense |
Yes |
Denial of Claim - CHAPTER 85 - WORKERS' COMPENSATION Section 85.16 - Willful injury u2014 intoxication |
| Medical Marijuana |
No |
|
| Recreational Marijuana |
No |
|
| Report Driver DOT Positives |
No |
|
| General Statute |
|
Voluntary Law - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT - IDAHO CODE 72-1701 TO 1716 |
SOURCE: Sources
Intoxication Defense – On March 30, 2017, Iowa became the 19th state to give employers an excellent defense to a workers' compensation claim when the injured worker was intoxicated at the time of injury. 85.16 WILLFUL INJURY – INTOXICATION. The newly amended section of the Code then provides that "the burden of proof shall be on the employee to overcome the presumption" by showing they were not intoxicated at the time of the injury or that the intoxication did not cause the injury.
Unemployment Denial – IDAHO CODE 72-1701 TO 1716
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State
and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
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