Title 72, WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

72-1705. Employer’s written testing policy — Purposes and requirements for collection and testing. (1) An employer must have a written policy on drug and/or alcohol testing that is consistent with the requirements of this act, including a statement that violation of the policy ma…

72-1706. Right of employee or prospective employee to explain positive test result and request for retest. (1) 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, …

72-1707. Discharge for work-related misconduct — Failure or refusal of testing. An employer establishes that an employee was discharged for work-related misconduct, as provided in section 72-1366, Idaho Code, upon a showing that the employer has complied with the requirements of …

72-1708. Employer’s disciplinary or rehabilitative actions based on testing — Claimant ineligible for benefits. (1) Unless otherwise prohibited, upon receipt of a confirmed positive drug or alcohol test result or other proof which indicates a violation of an employer’s written po…

72-1709. Failure of claimant to accept suitable work. If a claimant for unemployment benefits does not accept otherwise suitable work, as contemplated in section 72-1366(4), (6) or (7), Idaho Code, because he is required to take a preemployment drug or alcohol test, the claimant …

72-1710. Limitations of employer liability. (1) No cause of action arises in favor of any person based upon the absence of an employer established program or policy of drug or alcohol testing in accordance with this chapter. (2) No cause or action arises in favor of any person ag…

72-1711. False test result — Presumption and limitation of damages in claim against employer. (1) No cause of action arises in favor of any person against an employer who has established a program of drug and alcohol testing in accordance with this chapter, and who has taken any …

72-1712. Confidentiality of information. (1) All information, interviews, reports, statements, memoranda or test results, written or otherwise, received through a substance abuse testing program shall be kept confidential, and are intended to be used only for an employer’s intern…

72-1713. Employee not "disabled." An employee or prospective employee whose drug or alcohol test results are verified or confirmed as positive in accordance with the provisions of this act shall not, by virtue of those results alone, be defined as a person with a "disability" for…

72-1714. No physician-patient relationship created. A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing a drug or alcohol test, solely by the establishment of a drug or alcohol testing program in t…

72-1715. Public entities may conduct programs. The state of Idaho and any political subdivision thereof may conduct drug and alcohol testing of employees under the provisions of this chapter and as otherwise constitutionally permitted.

72-1716. Implementation of alcohol and drug-free workplace program — Qualification of employer premium reduction. (1) For each policy of worker’s compensation insurance issued or renewed in the state on or after July 1, 1999, a reduction in the premium for the policy may be grant…

72-1717. State construction contracts. (1) In order to be eligible for the award of any state contract for the construction or improvement of any public property or publicly owned buildings, contractors shall meet the following requirements: (a) Provide a drug-free workplace prog…