US Laws, Codes, Statutes & Cases

                                  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.