Colorado Drug Testing Laws and Regulations

State:	Colorado

Statute of Order:	Currently Not Available

Covered Employers:	Currently Not Available

Applicant Testing:	Currently Not Available

Employee Testing:	Currently Not Available

Conditions & Methods:	Currently Not Available

Important Bulletpoints:	The Colorado Supreme Court has upheld employee testing based on "reasonable suspicion" by the employee’s supervisor that the employee uses or is under the influence of alcohol or illegal drugs. Only Boulder City in Colorado has existing ordinance related to employee drug testing. Reasonable suspicion and post-treatment testing are allowed. Drug tests must be conducted by NIDA-certified testing laboratories only. Random testing is prohibited and prior notice to applicants is required as well, among other specific provisions. As per general statutes, the employer must pay for all relevant medical examinations required of employees. A positive test is considered a presumption of intoxication and may adversely affect benefits related to Workers’ Compensation with a reduction of 50%. Test results may be refutable by clear and convincing evidence, usually by a retest at the expense of the employee. Separation benefits may not be paid by employer if cause of separation is because employee was tested positive for drugs or alcohol in violation of established employer’s policy. Furthermore, positive test results may cause a person to be ineligible for unemployment compensation, except when the employee admits to being an alcoholic or drug addict and provides documentary proof of participation in a rehabilitation program.

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Colorado Drug Testing Laws and Regulations

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