Drug Testing in Idaho

Private-Employer Testing Is Expressly Permitted

Idaho Code §72-1702 states that a private employer may test employees or prospective employees for drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures comply with applicable federal disability law.

Idaho’s Act is designed to provide voluntary testing guidelines and, when followed, can support an employer’s position that a confirmed positive or specified testing misconduct constitutes work-related misconduct for unemployment-benefit purposes.

Official Idaho Legislature: Idaho Code Title 72, Chapter 17

A Written Testing Policy Is Central

Idaho Code §72-1705 requires an employer seeking the Act’s protections to have a written drug and/or alcohol testing policy that is communicated to affected employees and available for prospective employees to review.

The policy can include, among other testing types:

• Baseline testing.
• Pre-employment testing.
• Post-accident testing.
• Random testing.
• Return-to-duty testing.
• Follow-up testing.
• Reasonable-suspicion testing.

Official Idaho Legislature: Idaho Code §72-1705

Current-Employee Testing Is Work Time and Employer-Paid

Idaho Code §72-1703 provides that employer drug or alcohol testing of current employees under the Act is considered work time for compensation purposes.

The employer pays the testing costs for current employees, except for the specific employee-requested retest situation addressed in §72-1706.

Official Idaho Legislature: Idaho Code §72-1703

Collection, Chain of Custody and Confirmation

Idaho Code §72-1704 requires reasonable and sanitary collection conditions, trained collection personnel, due regard for privacy, specimen identification, chain-of-custody and confidentiality procedures, and scientifically accepted testing methods.

• Samples must be handled to reduce contamination or adulteration risk.
• Drug testing requires a confirmatory test before the result is used for specified employer action under the Act.
• The confirmation uses a chromatographic technique such as GC/MS or another comparably reliable method.
• Positive alcohol screens also require the confirmation procedures specified by the statute.

Official Idaho Legislature: Idaho Code §72-1704

Positive Results: Written Notice, Explanation and Retest Rights

Under Idaho Code §72-1706, an employee or prospective employee who tests positive must receive written notice of the result and the type of substance involved and must have an opportunity to discuss and explain the result with a Medical Review Officer or other qualified person.

The person may request a retest of the same sample by a mutually agreed laboratory within seven working days after notification of the first confirmed positive.

The employee or applicant may initially pay for the retest. If the retest is negative, the statute requires reimbursement and provides additional remedies when the positive result caused an unpaid suspension or termination.

Idaho Code reference: Idaho Code §72-1706

Confidentiality and Employer Protections

Chapter 17 also contains confidentiality rules, limitations on employer liability when the Act is followed, and provisions addressing misconduct, refusal to test, sample alteration, and substitution.

Employers should treat testing records as sensitive information and use results only for lawful employment purposes consistent with the written policy and applicable law.

Workers’ Compensation Premium Reduction May Be Available

Idaho Code §72-1716 provides that a workers’ compensation premium reduction may be granted when the insurer determines that the insured has established and maintains an alcohol- and drug-free workplace program complying with §§72-1701 through 72-1715.

Idaho Code reference: Idaho Code §72-1716

State Construction Contractors Must Maintain a Compliant Program

Idaho Code §72-1717 requires contractors seeking state contracts for construction or improvement of public property or publicly owned buildings to maintain a drug-free workplace program that complies with Chapter 17 throughout the contract.

Covered contractors must subcontract only to subcontractors meeting the same requirement and must submit an affidavit with the bid verifying compliance.

Idaho Code reference: Idaho Code §72-1717

Marijuana Remains Illegal Under Idaho Law

The Idaho Office of Drug Policy states that marijuana is a Schedule I controlled substance under Idaho law and that the use and sale of marijuana for any purpose are illegal in Idaho.

Idaho does recognize specific FDA-approved cannabinoid medications, but that is different from a state medical-marijuana program.

Official source: Idaho Office of Drug Policy — Marijuana

THC Can Remain Part of an Idaho Employer’s Policy

Because Idaho has not enacted the broad off-duty or medical-marijuana employment protections found in many legalization states, an employer may continue to include marijuana/THC in a lawful written testing policy.

• State legalization does not create an Idaho employment protection for marijuana use.
• Employers should clearly identify THC in the written testing policy when it is included.
• Testing should follow Chapter 17 collection, confirmation, notice, and retest procedures when the employer relies on the Act.
• No-THC panels remain available when an employer intentionally excludes marijuana from a non-DOT program.
• DOT marijuana testing remains governed by federal requirements.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.