Drug Testing Issue | Status | Comments |
---|
Instant or POCT Testing | Prohibited | |
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 employers premises during work hours |
Workers Comp Discount | Yes | 5% discount. 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. |