When Can Boise Employers Take Disciplinary Action Under Idaho’s Drug-Free Workplace Act?
One of the biggest questions Boise employers ask us is “what are they legally allowed to do after the result comes back?”
Idaho’s Drug-Free Workplace Act (Idaho Code 72-1707 to 72-1709) gives employers clear authority to act when drug or alcohol violations occur. When testing is done correctly and documented properly, Idaho law explicitly supports disciplinary action, and protects employers from unemployment claims tied to those decisions.
When Drug or Alcohol Violations Qualify as “Misconduct” (72-1707)
Idaho law defines specific situations where an employer may establish work-related misconduct. This matters because misconduct is what allows an employer to take decisive action and defend that decision if it’s challenged later.
Under the Act, misconduct may be established if an employee:
- A confirmed positive drug test.
- A confirmed alcohol result of 0.02 BAC or higher (or above your company’s policy limit).
- Refusal to submit to a required drug or alcohol test.
- Tampering or attempting to tamper with a specimen.
- Submitting or attempting to submit someone else’s sample.
This section is the backbone of Idaho’s employer protections. When your testing program follows statutory standards, these events are legally recognized as legitimate grounds for discipline.
What Disciplinary Actions Employers May Take (72-1708)
Once misconduct is established, Idaho law gives employers flexibility. The Act allows Boise employers to apply discipline that fits their workplace, their policy, and the situation.
Permitted actions include:
- Requiring rehabilitation or counseling, with documented follow-up testing.
- Suspension, with or without pay.
- Termination of employment.
- Other disciplinary measures consistent with the employer’s written policy.
Importantly, Idaho also states that employees terminated or disciplined under these circumstances are not eligible for unemployment benefits related to the drug or alcohol violation.
This protection is only effective when the testing was compliant, the results were confirmed, and the employer followed their own written policy.
That’s why policy alignment and documentation matter just as much as the test itself.
How This Protects Boise Employers in Unemployment Claims
One of the most costly mistakes we see is employers taking action without realizing how tightly unemployment decisions are tied to documentation.
When an employer can show:
- A compliant test.
- A confirmed result or refusal.
- A written policy stating consequences.
- Consistent enforcement.
Idaho law will support the employer’s decision and classify the violation as misconduct.
When a Job Applicant Refuses Pre-Employment Testing (72-1709)
Idaho’s Act also protects employers during the hiring process.
If an applicant refuses a required pre-employment drug or alcohol test, Idaho considers that person to have rejected suitable work. As a result, the applicant may lose eligibility for unemployment benefits.
But take note that there is one key exception: Employers should not require applicants to pay for a negative pre-employment test.
If the employer improperly shifts the cost to the applicant, the unemployment protection may not apply.
Why This Section of the Law Matters Most
Testing alone doesn’t protect a business. Enforceable consequences do.
Idaho’s Drug-Free Workplace Act gives Boise employers:
- Clear authority to discipline.
- Strong footing in unemployment disputes.
- Consistent standards for handling refusals and tampering.
- Legal recognition that drug and alcohol violations threaten workplace safety.
How Fastest Labs of Boise Supports Employer Discipline & Compliance
Our Boise team works with employers before issues arise so disciplinary actions are defensible, consistent, and aligned with Idaho law.
We support employers with:
- Compliant drug & alcohol testing
- Proper confirmation procedures
- Chain-of-custody documentation that stands up to review
- Policy review and alignment with Idaho statute
- Supervisor reasonable suspicion training
- Guidance on handling refusals and tampering incidents
- Support documentation for unemployment disputes
Contact Fastest Labs of Boise:
📞 208-877-8228
🌐 www.fastestlabs.com/boise