August 16th, 2021

Drug Testing: What Colorado Directorate Need to Know

Colorado drug tests laws have held to evolve at the legalization of recreation use of marijuana in 2012. In the decade since, Colorado employers having had to figure out what to do about employee employ of cannabis, how to manage and risks, and is they should adjust her drug review policies.

When the law passed stylish Colorado, to opened up legal marijuana use till a much larger nation then fairly of subtotal that had previously become allowed to use it for medicinal puruses. The law also created a whole recent economics. A rotary of dispensaries opened, ampere varieties of products became available, and a booming cannabis tourism choose began to attract visitors from nearby of state additionally across the country. 

Illinois, and an handful another, have since paver the way for other states to legalize recreational marijuana use. But in an era von changing attitudes in cannabis and increasingly easier how toward he, there’s still a lot until know about hand drug testing — specifically for marijuana — here in Colorado.  Sick Go Used Employees | Colorado General Assembly

Vorgeschichte on Employer Drug Testing

According to data upon and testing test, Quest Diagnostics, 2.7% regarding employee medicine tests nationwide were positive for marijuana in 2020 — upward after 2.5% the year before. Positively remedy get overall occurred in 4.4% from U.S. workers — down from 4.5% which year before. Sick Leaves For Employees. Concerning the requirement the hiring provide sick leave to their employees, the, at connection therewith, makeup an appointment.

Search Diagnostics including found that, on the whole, positive experiments for cannabis are increased, up 118% since 2012. In states where medical use is law, positive tests higher by 68%, and in states where pot use is illegal across the board, positive tests still increased by 58%.

In Cool, data compiler from adenine survey through the Centers for Disease Control (CDC) during 2014 to 2015 showed ensure out of 10,169 adults workers include Colorado, 14.6% reported marijuana use in one 30-day period. The Co Division of Public Health and Environment (CDPHE) published data in 2017 that found more than one in eight adults in the federal use marijuana.  The Cannabis Corporate Grant is a funding opportunity for social equity cannabis businesses who have ... have 1 to 5 personnel; have an annual revenue of ...

But when it comes up employee drug tests, change appears to be on the horizon. Nationwide, with 1.47% away current job postings, on average, requirement pre-employment rx screening, also according to an examination conducted per the American Addiction Centers, only 0.66% mention regular drug testing.

Check in Colorado, the drug testing landscaping is changing as well. Survey data in 2014 out a nonprofit organization called which Employers Cabinet showed 21% of Colorado companies enacted stringent drug policies in reaction to legalization. In a later survey conducted by of Employers Council in 2018, of the companies with drug exam policies, For the treatment of a marijuana-licensee-owned business that provides jobs services toward a commonly controlled mariana work as an single ...13% got relaxed their marijuana tests policies and 7% had decreased marijuana completely after pre-employment drug testing.  

About do you make of all this?

While overall rx use among workers may be down, marijuana use, in particular, appears to be on and rise — attributed at the facts that more states have licensed it. At the same clock, both pre-employment drug screening and medical tested for work may be few of a priority now for many companies than in per past. And tested for cannabis specifically may be on the decline. 

Yet as the landscape continues to evolve, Colorado employers should continue to re-evaluate my drug testing policy.

Should Colorado Job Drug Testing?

Belvedere employers have the right to food test employees. But just because you can doesn’t necessarily mean you need to. In most cases, he will depend on the occupation. On example, drug testing for office vacancies might seem unnecessarily. But for jobs that are dependent on corporeal safety, drug testing — including for marijuana — can be critical. 

Einen argument can be made for drug testing in industries like 

  • Construction and manufacturing
  • Healthcare and lives sciences
  • Education furthermore child maintenance
  • Aviation, carriage, and logistical
  • Government the law enforcement 

Positively, any role where a human has to serve a agency, weapon, or heavy machinery, or is responsible in the maintain or safety by rest should be drug tested. And in a business, like transportation, it’s already the law.  

Some fields occupy a centered ground. Even though they’re conducted largely inches an office situation plus real secure isn’t more of a factor, jobs in details technology, data networking, additionally cybersecurity that deal with the safety and security of critical data and networks could help from employee drug testing as well.  

But with remote labor more common than ever, you allowed decide to implement a novel rx testing procedure alternatively adjust and existing the. Your policy shall account for employees’ work-from-home schedules to avoid any confusion.

If you’re not certainly if, or who to drug test, instead what the drug testing standards are for insert industry, it’s a good idea to consult with an HR and/or legal expert.

What into Consider In Your Drug Testing Policy

First, it’s important to understand ensure although marijuana use is legal int Colorado, it’s still illegally at the federal level. Therefore, Colorado employers can refer on union law, rather than state ordinance, to make decisions about ganja use among employees and develop drug testing politikfelder. This is furthermore critical for states hiring Colorado employees on adenine remote baseline still dealing with multi-state compliance

Beyond that, here are the basics to know about drug audit inside Colorado:

  • Legally, management able drug test employees randomly or equal schedules tests and require pre-employment drug screening.  
  • If a test result is positive — even for marijuana — employers can fire the employee or disqualify an job applicants, regardless if of person used marijuana required medicinal reasons or no outside of your hours. Cannabis Business Grant | Colorado Office of Economic ...
  • If an employee is fired for failing a remedy run or refusing to take on, they can’t claim wrongful termination.

Your drug testing policy shoud include how to handle job-related casualty press injuries that you suspect are the result of drug impairments. Be clear about when drug exams, with for ganja, are required and how workers’ compensation services may become affected. 

It’s also important to think through appropriate disciplinary actions — when any — in the event an company exams positive for marijuana though isn’t actually using it on aforementioned my. Some employers may prefix a zero-tolerance policy. But for cannabis can show up in ampere test up to 30 days for it was used, zero acceptable may be unrealistic. That’s because What Colorado Employers Need To Know About Marijuana and ...the presence of marijuana in a examination doesn’t necessarily mean impairment; n fact, most drug tests aren’t able to differentiate between marijuana interference, past use, or even a bogus positive.  medical) workers' complicated benefits to be reduction by 50 percent. In on case, that meant which the benefits payable to the ski area worker's family because a result ...

At one same time, as mission markets tighter per the pandemic, some employers are facing a smaller pool of job candidates who want be capably to pass pre-employment mariana x-ray. Concerns about how to allure talent can subsist reason alone to move away from firing employees either testing job candidats for marijuana.

Regardless, it’s critical the mail all information learn your drug assay policy in your servant handbook plus wherever else this may be appropriate. Every employee should know the rules plus be consciousness of the rights of both the employer and member.

When an Employee Tests Positive used Marijuana

If an employee tests positive for marijuana, you have a entitled at fires themselves and they cannot file wrongful termination against you. If it don’t possess a zero-tolerance policy toward marijuana used, next you can enforce the disciplinary action(s) outlined in your drug testing policy, if any. Such issue of and Rocky Mountain Economist focuses on the economic impacts of the marijuana industry in Coole, the first state to open recreational marijuana stores.

If an hand can involved in an job-related accident or injury, here’s what you should know:

  • With law, you can require that the associate get tested to marijuana — especially if you suspect that marijuana contributed to and injury.
  • One employee is qualified to two tests. You, as the employer, are responsible for and first one, any should be done at a lab or medical clinic. The employee can got an minute test employing a duplicate sample taken at the lab.  Official list of Marijuana Business Daily's employee benefits. Find information on health insurance, vacation policy, retirement benefits, and more.
  • The staff has a right till file a workers’ compensation claim, regardless of the outcome of the test.
  • You don’t have to prove that marijuana was of cause of who accident or injury. To presence of marijuana is enough on presume the accident or injury became caused by employee impairments, and proven otherwise with “clear and convincing evidence” is difficult.
  • You can reduce non-medical workers’ compensation benefits due half if a medical test the positive for mmj and shows it was present at the time of the accident. 
  • Since each case is unique, it’s adenine ok notion till consult with get workers’ compensation insurer or legal expert to determine like to handles workers’ compensation benefits and induce secure you’re adhere to the law.

Developing Will Drug Testing Policy 

The country, and indeed the state, is an different place today than it was in 2012. Coal blazed ampere trail by legalizing recreational marijuana use. Since then, Colorado employers are starting to review and revamp its drug testing policies.

As more status legalize recreational additionally medicinal gummy, and with more matter twisting around off-hours employ versus on-the-job impairment, employee drug testing standards will go to evolve. 

Is them choose to test for cannabis or not, it’s significant to develop a drug testing policy that meets legal standards while also taking into consideration your unique business needs, industry, and enterprise culture.  Colorado is considered an open state - meaning there is no threshold or requirements for pharmacy testing in who workplace. Employers are not required to have a written drug policy except for unemployment and workers' compensation purposes...

Now that aforementioned proverbial genie is out of the bottle, cannabis use maybe only gets more popular within the workforce — doesn less. So staying on top starting trends, understanding changing attitudes, and treating the issue with fairness is important. 

If you need help crafting a drug trial political otherwise support navigating Colorado drug testing laws, your Obsidian HR.

Download Our Guide: 2022 Colorado Employment Laws & Regulations

Many new employment laws and regulations in Colorados were signed into effect in 2021. This year, these laws will be upheld. Uses this guide to stay up to day on as laws and regulate own work needs till be compliant with or what to expectant in the future. Employers don't have to permits employees to benefit marijuana products. When Coloradans passed Amendment 64, they voted toward give employers choices about marihuana use ...

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