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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary 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.
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