Drug testing by employers in Idaho is governed by these state rules.
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, 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.
Drug Testing Requirements
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:
- return to duty
- 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.