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The laws regarding urinalysis drug testing in Colorado are determined by the individual employers. Employers may decide to require urinalysis drug testing as a condition of employment or may choose to use it for random or suspicion–based testing. Generally, employers must provide advance notice to employees of their intention to conduct such tests and must ensure that the tests are conducted in a manner that respects the employee‘s privacy and confidentiality.
In addition to employer policies, drug testing is also regulated by the Colorado Department of Labor and Employment. According to their regulations, employers must obtain written consent from the employee prior to testing and must provide written notice of the results of the test to the employee. If a drug test is positive, employers are required to offer counseling and rehabilitation services to the employee.
In Colorado, employers may not take adverse action against an employee solely on the basis of a positive drug test result. Instead, they must take into account the employee‘s overall performance and the circumstances surrounding the positive test.
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