Summary of Law(s) and Regulation(s):
State law provides that benefits may be reduced by 50% when injury results from presence during working hours of non-prescribed drugs or alcohol of 0.10 or more (or at or above a lower level set by federal statute or regulation). Positive test creates a presumption of intoxication and that injury was due to intoxication, although this presumption may be overcome by clear and convincing evidence. Employee pays for requested retest.
Colo. Rev. Stat. § 8-42-112.5 (2002)