Discharge For Work-Related Misconduct — Failure Or Refusal Of Testing

TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION CHAPTER 17 IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT 72-1707. Discharge for work-related misconduct — Failure or refusal of testing. 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.