Federal & State Regulations | Drug-free workplace - Idaho

State Info

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Employer Alcohol and Drug-Free Workplace Act

Idaho’s "Employer Alcohol and Drug-Free Workplace Act" is a voluntary law applying to both public and private employers. It permits testing of employees and applicants for baseline, pre-employment, post-accident, random, return-to-duty, reasonable suspicion and follow-up testing. It also limits employer liability for establishing a testing program in compliance with the provisions of the Act, or for taking any disciplinary action based on its substance abuse policy. All testing must be conducted in compliance with 42 U.S.C. 12101.

Workers’ Compensation

This law provides for a workers' compensation premium discount available to employers who implement and maintain a drug-free workplace program in accordance with the act. Workers' compensation payments may be denied if the reasonable and substantial cause of the injury is the employee’s intoxication.