Workplace State Law · Colorado

Colorado Workplace Saliva (Oral Fluid) Drug Testing Law

How Colorado treats oral fluid (saliva) drug testing in the workplace — the statute, its current status, and what that means for employers building or updating a testing program.

Status: Open / Permissive

Statute and status in Colorado

Statute / authority: C.R.S. § 24-34-402.5 · No mandatory testing law

No mandatory workplace drug testing law. Oral fluid fully permissible. Colorado protects off-duty cannabis use for non-safety-sensitive positions, but testing itself is not restricted. Safety-sensitive employers (transportation, mining) have full discretion.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for employers in Colorado

Colorado has no statute restricting the specimen an employer may test, so saliva testing is permitted under general employment law. Keep a written policy, apply it consistently, and confirm non-negative screens at a laboratory.

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