You May Be Missing Out on a 5% Workers’ Comp Savings as a Boise Employer
What Boise Employers Need to Know Before Diving Into the Details
Idaho’s Drug-Free Workplace Act (Idaho Code §§72-1701 to 72-1717) is one of the most employer-friendly frameworks in the country if you follow it correctly. It was built to help businesses protect their people, reduce accidents, avoid costly unemployment claims, and receive a 5% workers’ compensation premium rebate.
But the rules do come with structure. The Act lays out who you need to test, how testing must be conducted, what your written policy must include, when testing must be ‘paid time’, what rights employees have after a positive result, and exactly when a drug or alcohol violation counts as “misconduct” under Idaho unemployment law. It also outlines where employers are shielded from liability, how confidentiality should be handled, and what contractors must do when bidding on state construction projects.
Over the next set of blogs, we’re breaking the Act down into short, digestible segments for Idaho employers. Each article will focus on one part of the law so you can quickly understand what matters, why it matters, and how to stay protected.
Below is a quick preview of what’s ahead:
- Who You Can Test & When
Idaho allows private employers to test applicants and employees, rely on hospital/law-enforcement results, and keep at-will status intact. Testing of current employees must be on paid time, and the employer covers the cost unless the employee requests a retest.
- How Testing Must Be Collected & Confirmed
The Act sets clear standards for training, privacy, chain of custody, scientifically accepted testing methods, and mandatory confirmatory testing for any drug or alcohol positive. Meeting these standards is what activates your legal protections and your premium discount.
- What Your Written Policy Must Include
Employers must have a clear, accessible drug and alcohol policy that outlines violations, consequences, testing types, and employee rights. Without a solid policy, the program doesn’t count.
- Employee Rights After a Positive Test
Idaho requires written notice, the right to talk to an MRO or qualified professional, and the option to request a retest. When an employee’s retest is negative, they’re entitled to reimbursement, back pay, and possibly reinstatement.
- When a Positive Test Becomes “Misconduct”
The statute spells out exactly when a confirmed positive, refusal to test, or sample tampering allows an employer to take action and deny unemployment benefits.
- What Employers Are Allowed to Do After a Positive
You can impose discipline, require rehab, suspend, or terminate, as long as action aligns with your policy and the test results meet statutory requirements.
- Idaho’s Liability Shields
The law protects employers who act in good faith, follow testing standards, and document properly, including protections related to false positives and situations where a company chooses not to test.
- Confidentiality Rules
Test results are confidential, belong to the employer, and can only be used in very specific circumstances.
- Premium Discounts & State Contract Requirements
To earn the 5% workers’ comp discount or bid on state construction projects, you must operate a compliant program. Subcontractors must follow the rules too.
This series will walk you through each section so you can build a compliant program, strengthen workplace safety, and protect your business from avoidable liability. As always, Fastest Labs of Boise is here to help local employers set up accurate, clean, fast, and fully compliant testing programs.
If you'd like help reviewing or building your policy, aligning your program with Idaho statutes, or simplifying testing across multiple worksites, we’re here to partner with you.
For fast, clean, and accurate testing, call Fastest Labs of Boise:
☎️(208) 408-8197