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Kentucky - STATE LAWS

Workplace drug testing issues – State Laws – Kentucky

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

This chart is based on the KY voluntary law for Workers Comp Discount - 803 KAR 25:280

For the voluntary Kentucky drug free workplace law, instant drug testing or POCT testing is prohibited.

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.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Kentucky