Idaho Statutes

§ 72-1707 — DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING

Idaho·Title 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION·Ch. 17 IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT

An employer establishes that an employee was discharged for work-related misconduct, as provided in section 72-1366, Idaho Code, upon a showing that the employer has complied with the requirements of this chapter and that the discharge was based on:

(1)A confirmed positive drug test or a positive alcohol test, as indicated by a test result of not less than.02 blood alcohol content (BAC), but greater than the level specified in the employer’s substance abuse policy;
(2)The employee’s refusal to provide a sample for testing; or
(3)The employee’s alteration or attempt to alter a test sample by adding a foreign substance for the purpose of making the sample more difficult to analyze; or
(4)The employee’s submission of a sample that is not his or her own.

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Idaho § 72-1707 (DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

[72-1707, added 1997, ch. 126, sec. 1, p. 377; am. 1998, ch. 1, sec. 106, p. 98; am. 2003, ch. 233, sec. 8, p. 596.]

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