Idaho § 72-1704 REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING

Idaho Statutes

§ 72-1704 — REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING

Idaho § 72-1704

Title 72WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

Ch. 17IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT

This text of Idaho § 72-1704 (REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 72-1704 (2026).

Text

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 test

Free access — add to your briefcase to read the full text and ask questions with AI

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.