Workplace Drug Testing Issues – Colorado State Laws
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Note: Boulder, CO – This city has one of the most restrictive drug testing laws in the country. Employers in Colorado are only bound by Boulder’s city ordinance for their employees who work in the city. This chart does not apply to Boulder, CO. – please consult your attorney.
Workplace Drug Testing Laws in Colorado
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | No Restrictions | |
| Drug Panels | No Restrictions | |
| Laboratory | No Restrictions | Highly recommend - SAMHSA certified laboratory |
| Medical Review Officer | No Restrictions | Highly recommended to avoid liability |
| Random Testing | No Restrictions | |
| Post-Accident | No Restrictions | Base decision to test after an accident on a reasonable decision that drug or alcohol use could have caused the accident, always have a written policy. |
| Reasonable Suspicion | No Restrictions | |
| Oral Fluid Testing | No Restrictions | |
| Hair Follicle Testing | No Restrictions | |
| Unemployment Denial | Yes | Must have a written policy, no unemployment compensation if employee is terminated for failing a drug test. |
| Workers Comp Discount | No | |
| Intoxication Defense | Yes | Employer to claim "presumption of intoxication" and thus reduce all non-medical benefits by 50%, employer will need to prove that your test was conducted in a certified/licensed facility and that a second sample has been preserved for re-testing. |
| Medical Marijuana | Yes | The law states nothing shall require any employer to accommodate the medical use of marijuana in the workplace. The Colorado Supreme Court has upheld and employee termination for testing positive even when the employee claimed medical marijuana. |
| Recreational Marijuana | Yes | Amendment 64 states: “Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.” |
| Report Driver DOT Positives | No | |
| General Statute | There are no statutes that restrict employers to conduct drug and alcohol testing. |
Intoxication Defense – Denial of Workers Compensation Claim – Reduction of non-medical benefits in Colorado – §8-42-112.5.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
State Law Colorado