Can A Colorado Employer Enforce Drug Testing Policies?

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Updated 08/02/2022

Drug Test Report: A document displaying the results of a drug test, indicating the presence or absence of substances in a person's system

Most American workers are familiar with the concept of workplace drug testing. It is not uncommon to consent to a pre-employment drug screening and random drug testing during the tenure of employment with most companies. However, you may not be familiar with what the specific rules of drug testing in the workplace actually entail. What rights do you have as an employee? What rights do your employers have at their disposal? How far does drug testing enforcement go in the Colorado workplace?

With the rise of addiction in the United States, it would seem logical that corresponding legislation would follow at the same rate. However, Colorado differs from many other states in the nation regarding government regulations on drug testing in the workplace. There is no state legislation regulating workplace drug testing and no statues are in place that dictate the circumstances under which drug testing could be mandated by employers. In nearly every instance of a drug testing issue, the state of Colorado has no restrictions.

There could be one exception to the lack of workplace drug testing regulation, and that exception is for marijuana. The Marijuana Consumer Employment Discrimination Protection Bill would make it illegal for the termination of employees by Colorado employers solely based on a drug test showing a positive result for marijuana. The bill is currently being proposed in hopes of setting up a standard for workplace drug testing to follow regarding this substance specifically.

Person holding test tube with cannabis extract for medical use

With all of the uncertainty and blurred lines surrounding workplace drug testing, many employers might debate the need to even have this procedure. What are the benefits? One major enhancement to a company that enforces drug testing is the ability to limit addiction in the workplace.

There could be one exception to the lack of workplace drug testing regulation, and that exception is for marijuana. The Marijuana Consumer Employment Discrimination Protection Bill would make it illegal for the termination of employees by Colorado employers solely based on a drug test showing a positive result for marijuana. The bill is currently being proposed in hopes of setting up a standard for workplace drug testing to follow regarding this substance specifically.

With all of the uncertainty and blurred lines surrounding workplace drug testing, many employers might debate the need to even have this procedure. What are the benefits? One major enhancement to a company that enforces drug testing is the ability to limit addiction in the workplace.

Addiction is detrimental to more than the person struggling with the substance use disorder. On the job, addiction can cause poor performance that ultimately affects productivity. Interpersonal issues between employees can erupt more severely if addiction is involved and the crime rate in workplaces can increase. Stealing is a common infringement in a workplace tainted by addiction that not only hurts the company’s bottom line but how the other employees view their place of work.

Workplace drug testing also leads to a safer environment for employees. Reports have shown that workplace accidents decrease after the implementation of regular drug testing for employees. This leads to more productivity from and retention of employees. Additionally, workplace morale is found to increase from positive results and lack of on-the-job accidents. The stability of a workplace that is free from the chaos that ensues from substance misuse is beneficial to employer and employee in the long run.

Although Colorado workplace drug testing regulation is still in developmental phases, the benefits of having these procedures are evident. This type of drug testing is just one of many ways to help combat the disease of addiction. If you or someone you love is suffering from substance misuse,  contact us today confidentially to find out what resources are available to you close to home in Colorado.

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