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.
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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