Colorado Agreement for Drug Testing with Drug Testing Service

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State:
Multi-State
Control #:
US-1150BG
Format:
Word; 
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Description

This is an agreement between an educational institution and a drug testing company for the drug testing company to provide drug testing services. Drug use by athletes has been a controversial issue for many years. Athletes often use artificial stimulants to provide a physical and mental advantage over their opponents. Performance-enhancing drugs are substances athletes inject or consume to increase the human body's ability to perform during training sessions and sports contests. This includes common, over-the-counter muscle-building supplements, recovery products, and endurance-enhancing blood doping. Performance-enhancing drugs might be consumed orally or via needle injection.
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FAQ

In Colorado, private companies may lawfully penalize employees and prospective employees in a variety of different ways, including: Denying employment benefits. After being fired for failing or refusing to take a drug test, you may be denied unemployment benefits.

The MRO Process If the initial result is positive, the MRO has 72 hours to call the donor to see if they are on any medications or have any other legitimate medical explanation for the positive result. If the donor does not answer, the MRO may leave up to three voicemails. 72 hours are allowed for the donor to respond.

Unlike few other states in the U.S., Colorado does not have a statute governing workplace drug testing. The employer in Colorado can conduct a drug test for pre-employment or random drug testing for employees without affecting your right to privacy.

If you have not signed up to a drug testing policy you can refuse to be tested and your employer is not allowed to take any action against you. However, you should be aware that refusal may make your employer suspicious of your reasons for saying no.

If the initial drug test is positive, the MRO will contact the donor to see if they are on any medications or have any other legitimate medical explanation for the positive result (usually within 24 hours). If the donor does not answer, the MRO may leave up to three voicemails. The donor is given 72 hours to respond.

If the MRO cannot make contact with the donor, the MRO notifies the donor's employer that the MRO needs to speak with the donor. The employer's DER (Designated Employer Representative) then must make 3 attempts (text, email, phone) to reach the donor in 24 hours, documenting each attempt.

49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.

Following a negative result: If your test results are negative for drugs, it is common for a medical review officer (MRO) to contact your employer with the results. Your employer will then typically contact you regarding next steps of the hiring process.

(a) When, as the MRO, you receive a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, you must contact the employee directly (i.e., actually talk to the employee), on a confidential basis, to determine whether the employee wants to discuss the test result.

If the donor is reached, the MRO will explain that they are calling to discuss the test result and if the donor declines to discuss the result, it will be reported as a positive or refusal to test. In addition, if further medical evaluation is needed the donor must comply with the MRO's request.

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Colorado Agreement for Drug Testing with Drug Testing Service