Colorado Pre Employment Drug Screening And Drug Testing
All pre-employment screening services including employment drug screening and employment criminal records background checks are available in Colorado.
We provide convenient pre-employment drug screening and drug testing primarily through Quest Diagnosticswith thousands of offices located nationwide.
Updated 05/2020 The Colorado Supreme Court has upheld employee drug testing based on “reasonable suspicion” has been upheld by the Colorado Supreme Court.
On October of 2015, the Colorado’s Supreme Court ruled that it was legal for a company to fire an employee for smoking Marijuana even though it was legally prescribed.
The court ruled against an employee, who was fired in 2010 after testing positive for marijuana, which his doctors prescribed him to treat the muscle spasms and seizures he still experienced several years after being paralyzed in a car crash.
Even though the employer conceded that the employee wasn’t smoking on the job, it stood by its zero-tolerance policy.
This particular case deals with medical marijuana, the ruling affects non-medical marijuana use also. Any marijuana use, even if off-duty, can be grounds for dismissal in Colorado.
Boulder Colorado has an ordinance related to employee drug testing that allows testing for reasonable suspicion. Post-treatment testing is also permitted.
Drug tests must be conducted by Only NIDA-certified testing laboratories may conduct drug tests. No random testing is allowed.
Also, prior notice to applicants is required as well, along with more specific provisions.
If the result is positive, applicants must be given a copy.
An employer is permitted to require applicants to be tested for drug and alcohol with some restrictions. Applicants must be informed in writing about the testing requirement.
Except when the employee admits to being an alcoholic or drug addict and provides documentary proof of participation in a rehabilitation program, Positive test results may cause a person to be ineligible for unemployment compensation.
If tested positive, Workers’ Compensation benefits may be reduced by 50 percent. Test results may be refutable.
Separation: if the cause of separation is because employee was tested positive for drugs or alcohol in violation of established employer’s policy, separation benefits may not be paid.
Clear and convincing evidence, can be used to dispute test results. A retest is at the expense of the employee.
Time required for testing existing employees is considered compensable work time. Costs for drug tests must be paid by the employer.
Employers may not discriminate by testing only certain groups of employees by race or gender for drug testing.
Nor, may they defame an employee by publicizing an employee’s positive test results.
ADA. An applicant who is taking medication for a disability is protected by the Americans With Disability act (ADA.)
Along with pre-employment drug screening, we also offer a complete menu of all other employment screening services from criminal records checks to instant state driving records.
For a complete listing and description of the other pre-employment screening services we offer, please Click Here
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This makes the background check process fast and easy.
Disclaimer None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.