TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 17

IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT

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 action based on its established substance abuse and/or disciplinary policies, unless the employer’s action was based on a false test result, and the employer knew or clearly should have known that the result was in error.

(2)  In any claim where it is alleged that an employer’s action was based on a false test result:

(a)  There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of section 72-1704, Idaho Code;

(b)  The employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith; and

(c)  There is no employer liability for any action taken related to a "false negative" drug or alcohol test.

History:

[72-1711, added 1997, ch. 126, sec. 1, p. 379; am. 2003, ch. 233, sec. 11, p. 597.]