72-1711. FALSE TEST RESULT â€” PRESUMPTION AND LIMITATION OF DAMAGES IN CLAIM AGAINST EMPLOYER. (1) No cause of action arises in favor of any person against an employer who has established a program of drug and alcohol testing in accordance with this chapter, and who has taken any action based on its established substance abuse and/or disciplinary policies, unless the employerâ€™s action was based on a false test result, and the employer knew or clearly should have known that the result was in error.
(2) In any claim where it is alleged that an employerâ€™s action was based on a false test result:
(a) There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of section 72-1704, Idaho Code;
(b) The employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith; and
(c) There is no employer liability for any action taken related to a "false negative" drug or alcohol test.
[72-1711, added 1997, ch. 126, sec. 1, p. 379; am. 2003, ch. 233, sec. 11, p. 597.]