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Summary of differences between federal and state regulations
Employer Alcohol and Drug-Free Workplace Act
If an employer conducts drug testing under the voluntary law:
- An employee who tests positive for drugs or alcohol is at fault of misconduct under the employment security law and will have unemployment benefits denied,
- An employer will have some legal protections when taking action against an employee based on its substance abuse and/or disciplinary policies, and
- An employer will receive a reduction in workers’ compensation policy premiums.
Employers complying with the voluntary law must ensure that all testing requirements and procedures are in compliance the Americans with Disabilities Act. An employer must test within the terms of a written policy that has been communicated to affected employees and is available for review by prospective employees.
Sample collection must conform with the statute’s requirements relating to privacy, documentation, storage, transportation, chain of custody, and confidentiality. Testing must conform to scientifically accepted analytical methods and procedures and a confirmatory test must be conducted by a laboratory using a chromatographic technique. A positive saliva test result for alcohol must include a confirmatory test that uses a different testing method meant to demonstrate a higher degree of reliability. A positive alcohol breath test must include a confirmatory retest conducted no earlier than 15 minutes after the initial test, or use another confirmatory test meant to demonstrate a higher degree of reliability.
Test results must be kept confidential. Drug or alcohol testing is work time for purposes of compensation. Costs shall be paid by the employer.
Unemployment compensation
An employee can be denied unemployment compensation benefits on the basis of misconduct when discharged for:
- A confirmed positive drug test or positive alcohol test (as indicated by a test result of not less than .02 blood alcohol content, but greater than the level in the employer’s substance abuse policy),
- Refusal to be tested,
- Test alteration, or
- Submission of a sample that is not their own.
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 voluntary Employer Alcohol and Drug-Free Workplace Act. Workers' compensation payments may be denied if the reasonable and substantial cause of the injury is the employee’s intoxication.
State
Contacts
Regulations
Employer Alcohol and Drug Free Workplace Act
Idaho Code Title 72 Chapter 17, §72-1701-1717
Unemployment compensation
Idaho Code Title 72 Chapter 17, §72-1707
Workers’ compensation
Idaho Code §72-1716
Idaho Code §72-208
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document