Kentucky Drug Testing Law
Kentucky has a voluntary law that offers a workers’ compensation premium discount to qualifying companies. Those that do not wish to receive the workers’ compensation premium discount are not obligated to comply with this regulation. There is a mandatory mining industry law with different drug-free workplace requirements. Employers cannot receive benefits under both programs. Note: This is only a summary and does not include specifics.
Law types(s)
Voluntary law, industry specific law, unemployment compensation law, and workers’ compensation law.
Legal status of cannabis
Medical cannabis is legal.
Legal status of instant/POCT/rapid testing
Instant testing is prohibited.
Permitted drug testing specimens
Urine drug testing and breath alcohol testing are permitted. Programs using other specimens may be approved by the Office of Workers’ Claims if specimens tested are as accurate as and equivalent to breath and urine.
Permitted testing circumstances
Pre-employment, reasonable suspicion, post-accident, random, and follow-up testing are permitted.
Employers must comply with the entirety of the voluntary law to receive a discount on their workers’ compensation insurance premium. Additionally, employers in the mining industry must comply with the industry specific law in its entirety.
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This information is provided for educational use only and does not give full details on Kentucky’s state drug testing laws . Employers wishing to drug test in Kentucky should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.
