What are the restrictions on employee drug testing?

In Colorado, employers are allowed to perform drug tests on employees. This is regulated by the Colorado Drug Testing Law (CDTL). Under the CDTL, there are certain restrictions on when employers can require a drug test. The tests must be conducted in a fair and nondiscriminatory manner, and the results must be confidential. Employers are not allowed to require pre-employment drug tests, although they are allowed to screen applicants for drugs when they are making a job offer. During employment, employers may conduct drug tests if they have reasonable suspicion that an employee is using drugs, or if they need to comply with federal or state regulations. Employers also have the right to have a drug testing policy in place for all employees. Employers are not allowed to require random drug tests without any reasonable suspicion. If an employer requires random drug tests, it must also provide discounts in premiums for employees who pass the tests. Additionally, employers cannot discriminate against employees who fail a drug test or refuse to take it. Lastly, employers must follow the CDTL guidelines when it comes to the methods of drug testing they choose to use. Employers must ensure that the drug test results are accurate and that the tests are conducted in a safe and secure environment.

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What are the restrictions on employee drug testing?

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