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
Pass Drug Testing 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.
  • 10 Things to Know To Pass A Drug Test In Colorado

    1) Lack Of Fixed Laws

    There are no fixed laws in the state of Colorado and if you feel the need to opt for a drug testing policy, you need to take that extra initiative. Colorado is an open state with no state law as such. Hence, you need to directly address and limit your workplace testing. The state limits the concept of testing.

    2) Nature Of The Policy

    The state of Colorado does not require a written policy. Contrary to the state laws, the city of Boulder does require a written policy. At the same time, it is interesting to note that in the case of workers compensation and employment purposes, the need for a written policy is a must.

    3) The Need For Notice

    The state of Colorado does not require any postings and hence an applicant’s prior permission is not essential to complete the testing process. At the same time, the city of Boulder does require an applicant’s notice.

    4) The Overall Costs

    The tests, with special regards to the drug tests, need to be born by the employer. Likewise, no court of law has determined whether the drug or testing method is even considered a valid medical examination.

    5) Consequences

    As far as the consequences are concerned, that can be taken care of by mutual understanding between the employer as well as the employee. No limits exist under the state law or court decision.

    6) The Boulder Ordinance 5195 Limits Testing

    The city of Boulder Ordinance 5195 limits testing (no random) and imposes certain administrative rules. These rules can be read in detail through the means of numerous websites.

    7) Workers Compensation

    As per the rules of the state there is a fifty percent reduction on the non medical benefits. If the worker is found intoxicated with alcohol, he/she is supposedly exempted from medical benefits which may amount to fifty percent of the total health benefits. If there is a 0.01 alcohol found in the person’s test, he is stated to be positively intoxicated.

    8) The Case Of Unemployment

    In case an employee is stated to be infected with alcohol with the permissible limits exceeding 0.04 as established in the employer’s policy, the employer has the right to withhold the salary of the guilty employee. This is in accordance to CRS sec. 8-73-108(5) (e) (IX) (IX.5).

    9) Who Is To Be Tested

    There is no restriction on the number of people who are to be tested. Well, regardless of the status and position of the employee, the prescribed drug tests need to take place on a periodical basis.

    10) What’s The Best Time

    To be very honest, there is no such thing as ‘the best time’ for conducting a drug related test in the state of Colorado. Hence, as and when you feel the need to start a drug test, the employer as well as the employee can do so and fulfill their basic tasks without involving a third party.

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