TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 17

IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT

72-1704.  Requirements for sample collection and testing. All sample collection and testing for drugs and alcohol under this act shall be performed in accordance with the following conditions:

(1)  The collection of samples shall be performed under reasonable and sanitary conditions;

(2)  The employer or employer’s agent who is responsible for collecting the sample will be instructed as to the proper methods of collection;

(3)  Samples shall be collected and tested with due regard to the privacy of the individual being tested and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;

(4)  Sample collection shall be documented and the documentation procedures shall include:

(a)  Labeling of samples so as reasonably to preclude the possibility of misidentification of the person tested in relation to the test result provided; and

(b)  Handling of samples in accordance with reasonable chain-of-custody and confidentiality procedures;

(5)  Sample collection, storage and transportation to the place of testing shall be performed so as reasonably to preclude the possibility of sample contamination and/or adulteration;

(6)  Sample testing shall conform to scientifically accepted analytical methods and procedures;

(7)  Drug testing shall include a confirmatory test before the result of any test can be used as a basis for action by an employer under sections 72-1707 and 72-1708, Idaho Code. A confirmatory test refers to the mandatory second or additional test of the same sample that is conducted by a laboratory utilizing a chromatographic technique such as gas chromatography-mass spectrometry or another comparable reliable analytical method;

(8)  Positive alcohol tests resulting from the use of an initial screen saliva test, must include a confirmatory test that utilizes a different testing methodology meant to demonstrate a higher degree of reliability;

(9)  Positive alcohol tests resulting from the use of a breath test must include a confirmatory breath test conducted no earlier than fifteen (15) minutes after the initial test; or the use of any other confirmatory test meant to demonstrate a higher degree of reliability.

History:

[72-1704, added 1997, ch. 126, sec. 1, p. 376; am. 2003, ch. 233, sec. 5, p. 594.]