Federal & State Regulations | Drug testing - Colorado | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

Workers’ compensation
Colorado workers' compensation law provides that workers' compensation benefits may be reduced by 50 percent when an injury results from the presence in the employee’s system of drugs not medically prescribed or a blood alcohol level at or above .10 percent as evidenced by a drug or alcohol test. It is presumed the drug and/or alcohol presence caused the injury except for clear and convincing evidence to the contrary.

Unemployment compensation
If an employee is discharged from employment for the off-the-job or on-the-job use of not medically prescribed controlled substances or intoxicating beverages, that employee may qualify for unemployment compensation benefits only if the employee admits to being an alcoholic or drug addict, has medical confirmation of this status, and enrolls in a rehabilitation program within four weeks of discharge.

State

Contacts

Colorado Department of Labor and Employment

Workers’ compensation
Division of Workers' Compensation

Regulations

Workers’ compensation
Colorado Revised Statutes Annotated Title 8, Article 42, §8-42-112.5 www.lexisnexis.com/hottopics/michie/

Unemployment compensation
Colorado Revised Statutes Annotated Title 8, Article 73, §8-73-108 (4)(b)(IV)
www.lexisnexis.com/hottopics/michie/

Federal

Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.

Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.

Contacts

Drug testing rules

U.S. Department of Transportation

U.S. Department of Labor

Regulations

DOT drug testing rules

49 CFR Part 40

49 CFR Part 382

Drug-Free Workplace Act of 1988

United States Code at 41 U.S.C. 81

29 CFR 1904.36

Guidance document