Idaho Drug-Free Workplace Program – Workers’ Comp Insurance Discount

Introduction

Idaho employers who implement and maintain a compliant Drug-Free Workplace Program under Idaho Code §§ 72-1701 through 72-1717 (Employer Alcohol & Drug-Free Workplace Act) may qualify for a workers’ compensation premium credit, typically around 5%, if their insurer determines the program meets statutory standards. Employers must maintain a written policy, follow scientifically accepted testing methods, and provide employees with notice and protections specified in the law.

Below you’ll find a complete overview of program benefits, statutory requirements, testing rules, and the application process.

Benefits of Idaho’s Drug-Free Workplace Program

Premium Credit: Most carriers offer a 5% discount on workers’ comp premiums for compliant programs.
Clear Legal Framework: Idaho Code establishes employer authority to test, employee rights (notice, retest), and confidentiality requirements.
Reduced Claim Costs: A compliant program helps defend post-accident claims where intoxication was a substantial cause.
Flexible Program Design: Employers can choose which testing triggers to use (pre-employment, random, post-accident, etc.), as long as they are in the written policy.
Risk Mitigation: Proper chain-of-custody, confirmation, and documentation strengthen terminations and unemployment defenses.

Program Requirements in Idaho (At-a-Glance)

Here’s a quick comparison chart based on Idaho Code §§ 72-1701 through 72-1717 (Employer Alcohol & Drug-Free Workplace Act), including § 72-208 (intoxication defense) and § 72-1716 (premium reduction), with guidance from Idaho insurers’ Drug-Free Workplace premium credit programs.

Category	Idaho Requirements
Program / Discount	Employer-implemented program complying with §§ 72-1701–1717 may qualify for a workers’ comp premium credit (typically 5%), as determined by the insurer under § 72-1716.
Statutory Authority	Idaho Employer Alcohol & Drug-Free Workplace Act: Idaho Code §§ 72-1701 – 72-1717; Workers’ Comp Intoxication Defense: § 72-208; Premium Reduction: § 72-1716.
Admin / Certification	Idaho does not issue state certification. Your insurer evaluates compliance and applies any premium credit.
Employer Eligibility	Available to private and public employers implementing a compliant program. Carrier must recognize compliance for premium credit.
Written Policy	Required; must be communicated to employees and available to applicants. Must specify testing triggers and state that violations may result in termination for misconduct.
Notice & Posting	No 60-day wait required. Must provide policy to employees, make it available to applicants, and communicate any changes.
Allowed Test Triggers	Pre-employment, random, post-accident/post-injury, reasonable suspicion, return-to-duty, follow-up, routine fitness-for-duty, and baseline testing (if part of a safety/wellness program).
Specimens & Methods	Must use scientifically accepted methods. Drugs: urine, blood, hair, or other validated specimens allowed. Alcohol: saliva or breath permitted with confirmatory procedures.
Panel & Cutoffs	No specific panel or cutoffs mandated. Employer may choose 5-, 8-, or 10-panel or custom panels. Labs must use and disclose scientifically accepted cutoffs.
Chain-of-Custody	Required for all collections; labeling and documentation must prevent misidentification/adulteration.
Confirmation	Confirmatory test required for any positive drug result before action (must use GC/MS or equivalent). Alcohol: saliva positives must be confirmed by a different method; breath positives must be confirmed by a second test ≥ 15 minutes later or by an alternate confirmatory method. No statutory BAC cutoff — employer sets threshold in policy.
Medical Review Officer (MRO)	mployers must give the employee the opportunity to discuss a confirmed positive with an MRO or other qualified person. Using an MRO for all positive results is industry best practice.
Employee Education	Not mandated by statute, but many insurers require annual employee education on the drug-free workplace policy and substance abuse awareness as a condition for the premium credit.
Supervisor Training	Not required by law, but typically required by insurers for credit eligibility usually covering reasonable suspicion recognition, documentation, and referral.
Employee Protections	Written notice of positive with substance identified; right to speak with an MRO or qualified person; 7-day window to request retest of the same sample at a mutually agreed lab.
Confidentiality	Test results must remain confidential except as authorized by law.
Marijuana Notes	Idaho has no medical or recreational marijuana program — zero-tolerance workplace policies are enforceable.
Workers’ Comp Defense	Income benefits not payable if intoxication was a “reasonable and substantial cause” of injury (unless employer provided intoxicant or knowingly allowed work while intoxicated).

Disclaimer: This overview is provided for informational purposes only. Employers should review state requirements and consult with legal counsel or their insurer to ensure compliance.

Detailed Testing Requirements (Idaho)

Idaho law allows employers to conduct drug and alcohol testing in the following circumstances, as long as they are disclosed in the written policy:

Pre-employment / Applicant Testing – after a conditional offer but before final hire.
Random Testing – if done on a statistically valid, non-discriminatory selection basis.
Post-Accident / Post-Injury Testing – when an employee is involved in a workplace accident or injury.
Reasonable Suspicion / Probable Cause Testing – based on specific, documented observations of appearance, behavior, speech, or body odors.
Routine Fitness-for-Duty Testing – as part of regularly scheduled medical exams.
Return-to-Duty Testing – prior to an employee’s reinstatement after rehabilitation or suspension.
Follow-up Testing – periodic testing during and after participation in a substance abuse rehabilitation program.
Baseline Testing – if part of a wellness or monitoring program for safety-sensitive positions.

How to Apply for Premium Credit

Create or update your policy to comply with §§ 72-1701–1717 and list test triggers.
Work with your insurer to confirm program compliance — there is no state certification process.
Provide proof of implementation (policy, lab agreements, procedures).
Receive credit typically 5% applied to your workers’ comp premium.
Maintain compliance with documentation, policy updates, and chain-of-custody procedures.

Why Choose ASAP Programs for Compliance?

Implementing a compliant program can be complex — from testing coordination to policy development and annual renewal support. ASAP Programs simplifies the process with:

Nationwide drug testing & background screening solutions
Compliance-ready policies and training resources
End-to-end program administration and documentation
Reduce risk by aligning your testing program with Idaho law and protecting against claims challenges.

Ready to qualify for Idaho's 5% workers’ comp discount?
Contact ASAP Programs today and let us help you implement a certified program.

Last updated: August 2025