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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
CHAPTER 17
IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT
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 this chapter and that the discharge was based on:
(1) A confirmed positive drug test or a positive alcohol test, as indicated by a test result of not less than .02 blood alcohol content (BAC), but greater than the level specified in the employer’s substance abuse policy;
(2) The employee’s refusal to provide a sample for testing; or
(3) The employee’s alteration or attempt to alter a test sample by adding a foreign substance for the purpose of making the sample more difficult to analyze; or
(4) The employee’s submission of a sample that is not his or her own.
History: