Although there are no specific Colorado employment drug testing laws, employers maintain the right to implement a drug testing policy as long as certain conditions and testing procedures are met. An employer does not have free reign regarding the testing of employees for drugs or alcohol. The testing process must abide by privacy laws and any action carried out due to a positive result must adhere to the Americans with Disabilities Act (ADA), discrimination laws, and defamation laws. Employers are permitted to require applicants to be tested as long as the applicant is informed of the policy in writing and is given a copy of the results.
Medical marijuana was made legal in 2012 but an employer is not required to allow the use of marijuana in the workplace. Furthermore, an employer has the right to establish policies restricting the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace.
Can Current Employees be Tested? Yes; however, random drug testing is prohibited. An employer can perform a drug test if one of the following situations is evident:
- employer has a strong, reasonable suspicion that an employee is abusing drugs or alcohol
- an accident occurs in the workplace caused by an employee
Is Certified Testing Required? No.
- Americans with Disabilities Act
- § 24-34-402 (Discriminatory or unfair employment practices)
- § 12-43.3 (Medical Marijuana)
What can be Tested? No restrictions.
How to Conduct a Legal Drug Test
As long as an employer obeys privacy, discrimination, and defamation laws, they may choose to conduct drug tests as they see fit. It is suggested that an employee and applicants sign and submit a Drug Test Release Form to authorize an employer to conduct a drug test.