• The policy must be in writing. 
• The policy must be consistent with the Idaho Drug-Free Workplace Act (see Idaho Code Title 72, Chapter 17). 
• The policy must define the scope and operation of the drug testing program, including: the employees covered, the type(s) of drug tests to be administered, and the rights of the employee and employer. 
• The policy must define what constitutes a positive test for alcohol use. 
• The policy must contain an explicit statement that a violation of the policy may result in termination due to misconduct, with a denial of unemployment benefits. 
• The policy must be provided to current and prospective employees.

EMPLOYER RIGHTS

• The employer has the right to test for drugs and/or alcohol, and may terminate or refuse to hire any employee or prospective employee who refuses to submit a sample, or alters/substitutes a sample. 
• Upon a confirmed positive test for drugs or alcohol, or a refusal, the employer may use such test or conduct as a basis for disciplinary action, up to and including termination, or the employer may refuse to hire a prospective employee. 
• The employer, upon receipt of a confirmed positive test for drugs or alcohol, may require that the employee utilize the Employee Assistance Program (EAP), enroll in an employer-approved treatment facility, or other counseling program (which may include other tests) as a condition of continued employment or reinstatement. 
• The employer, upon receipt of a confirmed positive test for drugs or alcohol, may suspend an employee with or without pay. 
• The employer, upon receipt of a confirmed positive test for drugs or alcohol, may institute disciplinary action against an employee, up to and including termination.  This action shall not create any cause of action against the employer. 
• Any termination pursuant to the Drug-Free Workplace Act will be considered a termination for misconduct for the purposes of unemployment benefits, so long as the employer has complied with the requirements of the Act. 
• The drug test results are the property of the employer, and are to be kept confidential. 
• A reduction in the employers workers compensation insurance may be granted if the employer is in compliance with the Act.

EMPLOYEE RIGHTS

• Any time spent for drug testing shall be considered work time, and the employee must be paid for such time. 
• The employer is required to pay for the costs of drug and/or alcohol tests. 
• The employer must conduct a confirmatory test on all positive results before any type of disciplinary action or termination occurs. 
• If an employee or prospective employee tests positive, the employer must: 
  1. Inform the employee of the positive test and the substance for which the employee tested positive, in writing;
  2. Allow the employee to discuss and explain the positive result with a Medical Review Officer.
• If an employee tests positive for drugs or alcohol, the employee may request additional testing of the same sample at a mutually agreed upon laboratory.  The employee shall bear the cost of any additional testing.  The employee must request such retesting within seven working days from the date of the positive test notification.  Such request for retesting should be in writing.
• If the retest is negative:
  1. The employer shall reimburse the employee the cost of the retest.
  2. The employer shall compensate the employee for any time suspended without pay.
  3. The employer shall reinstate the employee, if the employee was terminated solely for the positive test result that is later determined to be negative, with back pay.
• The specimen collection must have sanitary conditions, privacy, and be handled with reasonable chain of custody and confidentiality procedures.

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