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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.
Colorado law allows employers to test employees for drugs whether by random drug screening tests or a scheduled testing program. Employers may also test prospective workers as part of the screening process.
Under current law, Colorado teachers are not required to be drug tested when hired. "It's not required that they're drug tested to be hired in the school district, but if a reasonable suspicion is brought to our attention, then we have to immediately take them, escort them to a drug testing center, " Rudnick said.
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.
So, if you suspect an employee is using or abusing drugs or alcohol, you can act in accordance with your workplace drug and alcohol policy. It is perfectly legal to request that your employee undergo a drug or alcohol test as long as the parameters are clear in your policy.
Unlike most states, Colorado does not have a statutory scheme governing workplace drug testing.
Drug and alcohol testing in the workplace is not enforceable by law, and an employee cannot be forced to provide a sample of urine, salvia, hair or blood.
Applicable Alcohol and Drug Testing All Covered Workers may be required to participate in reasonable suspicion testing when a supervisor or designated substance abuse coordinator determines that reasonable suspicion exists to suggest that Covered Worker is under the influence of alcohol or drugs while on the job.
In Colorado, employers have the right to conduct random and scheduled drug tests. If an employee fails the test, the employer has the right to fire them for that reason. However, fired employees may be able to sue depending on the circumstances of the drug screening.