Workplace Drug Testing Issues – Kentucky State Laws
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
|Drug Testing Issue||Status||Comments|
|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|
|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