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.
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