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Kentucky - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Kentucky

Instant or POCT Testing

Prohibited

SAMHSA Lab Required

Drug Panels

Restrictions

10 panel with expanded opiates required

Laboratory

Restrictions

SAMHSA Lab Required

Medical Review Officer

Required

MRO must review all results and follow SAMHSA guidelines.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Required for Workers Comp Discount

Reasonable Suspicion

No Restrictions

Required for Workers Comp Discount

Oral Fluids

Restrictions

Urine is required for drugs, breath for alcohol unless specimen testing method is as accurate as and equivalent to breath and urine.

Hair Testing

Restrictions

May be approved by the Office of Workers' Claims if specimens tested are as accurate as and equivalent to breath and urine.

Unemployment Denial

Yes

Terminate for misconduct which includes reporting to work under the influence of alcohol or drugs or consuming alcohol or drugs on the employer’s premises during work hours

Workers Comp Discount

Yes

5% discount. 803 KAR 25:280. Certification of drug-free workplace.

Intoxication Defense

Yes

Liability for compensation does not apply when injury, occupational disease, or death are directly caused by "voluntary intoxication

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Kentucky allows employers to adopt a drug-free workplace program, to qualify for a discount on their workers' compensation premiums. Mining industry employers must implement drug testing programs.