Chamber Supports Right to Drug-Free Workplace

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The Chamber supports an employer’s right to set their own policies for their employees, as every workplace is unique and requires different rules for health, safety and functionality.

We keep this in mind as House Bill 1152 works its way through the legislature. This bill prohibits employers from taking adverse action against an employee who uses retail or medical marijuana off the premises during nonwork hours, or who uses medical marijuana on employer premises during work hours. The bill is sponsored by Rep. Edie Hooton (D-Boulder) and Rep. Brianna Titone (D-Jefferson).

The Chamber has several issues with this bill, the first being that it undermines a business’ right to manage its own workplace and provide oversight to employees. The legislature is overstepping its authority on the issue of marijuana and ignoring voter-approved parameters around the public consumption of recreational and medicinal marijuana. Legislators are also circumnavigating the Colorado Supreme Court decision that employers have the right to define lawful activity by either state or federal standards as it relates to marijuana consumption.

Even the marijuana industry acknowledges problems with this bill. Many professionals believe this bill will lead to increased impairment tests for employees when Colorado’s current standards for impairment are already misaligned with scientific evidence. As a result, both the employer and the employee may have trouble determining whether the employee is capable of doing their work.

Although the bill notes that exemptions can be made on a case-by-case basis, this will be nearly impossible to implement in an ethical, fair manner for any workplace. This restriction will also pose a risk to Colorado businesses when competing for federal contracts, as many federal opportunities require drug-free workplaces.

Coloradans are free under state law to use marijuana, but the Colorado Supreme Court has made it clear that employers have the right to maintain drug-free workplaces.

The Chamber strongly supports the Supreme Court’s ruling, and we oppose any effort that risks the safety and security of our employers and employees by eliminating the right to a drug-free workplace.
Here are the bills we took a stance on this week.

Support

  • House Bill 1149 encourages investments in Colorado’s advanced industry sector by extending an existing state income tax credit for an additional five years, increasing the annual maximum amount of tax credit for $750,000 to $4 million and broadening the tax credit for 30% to 35% of a qualified investment in a rural or economically distressed areas. This bill increases Colorado’s competitiveness and the ability for investors to receive a higher threshold of credit.
  • Senate Bill 40 requires the Colorado Division of Insurance to retain a contractor that performs actuarial reviews of proposed legislation that may impose a new health benefit mandate on health benefit plans. This actuarial review would provide critical information for informed debate on health care legislation.
  • Senate Bill 50 clarifies the opportunities available to people imprisoned by the Department of Corrections and promotes the person’s successful rehabilitation, reentry and reintegration into the community. When people who are imprisoned receive training and reskilling during their incarceration, they are better prepared to join the workforce and experience fewer barriers when released.

Oppose

  • House Bill 1138 creates an income tax credit for employers that develop clean commuting plans, and it creates certain clean commute-related mandates on companies with 100 or more employees. This creates an additional barrier to getting Coloradans back to work at a time when employers are already struggling to fill vacant positions.
  • House Bill 1199 requires that health care facilities, such as hospitals, nursing care facilities and assisted living residences follow applicable state laws or local ordinances for limiting visitors. A health care facility should be able to set its own visitation rules in response to their specific circumstances, rather than using a blanket mandate.
  • House Bill 1200 requires that an employer that imposes a COVID-19 vaccine requirement allows employee exemption if the employee submits a written request stating that compliance would endanger the employee’s or their household member’s health and well-being, or it would violate the employee’s religious beliefs. This interferes with a business’ ability to maintain a healthy work environment for their employees and patrons.

Oppose Unless Amended

  • House Bill 1119 establishes penalties, procedures and limitations regarding any individual who defrauds the state, a county or a municipality. While we agree that fraud ought to be punished, we have concerns over the allowed claim mechanisms and the potential for frivolous litigation. The Chamber is seeking amendments.
Read our justifications for these positions and more on our current legislation page.

Have questions or concerns about policy? Contact our Government Affairs team.