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.
| 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. |
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
