Kentucky Drug Testing Laws and Regulations

The state of Kentucky is among the many states which have specific laws regarding drug and alcohol testing for employment and pre-employment purposes. In order to protect the welfare of employees and of the public, Kentucky drug testing and alcohol testing laws for workers in transportation and mining industries are implemented. School bus drivers, school bus mechanics and commercial drivers can be randomly tested for traces of drugs or alcohol in their system. Employers are encouraged to adopt a drug-free workplace program. Discounts on workers’ compensation insurance premiums and other incentives will be awarded to employers who voluntarily apply for Drug-Free Workplace certification.

KRS 304.13-167

All employers are encouraged to establish a drug-free workplace policy

Drug testing that involves submission of urine sample is permissible after the issuance of a conditional job offer.

All drug and alcohol testing of employees is permissible in compliance with the state administrative regulations and the federal law.

Certified employers must implement drug and alcohol testing procedures based on the provisions of the Drug-Free Workplace Act

The implementation of drug policy must be in conjunction with other laws upholding the basic rights of individuals.

• Drug and alcohol testing is permissible if there is reasonable suspicion. But the testing procedure must meet the requirements provided in Section 3 of KRS 304.13-167.
• Circumstances that warrant drug and alcohol testing of employees:

• Reasonable suspicion
• Post-accident investigation
• Post-rehabilitation evaluation

• All records of drug and alcohol tests must be kept highly confidential.
• Employers who voluntarily implement Drug-Free Workplace Program will be granted a 5% discount on employee compensation insurance premium.
• The application requirements for employers who seek to establish a drug-free workplace program must comply to the following requirements:

• Written policy
• Distribution of copies of the policy to all employees
• Policy statement must be posted at the work place in areas accessible to all employees
• Detailed statement of the Employer’s Assistance Program (EAP)
• Detailed statement of the educational and training program regarding alcohol and drug abuse
• Statement of confidentiality
• Detailed description of the alcohol and drug testing methods or procedures to be used

• Employees and applicants may press legal charges against employers who required drug and alcohol testing under the following circumstances:

• Violation of individual privacy
• Disability discrimination
• Defamation
• Discrimination against race, gender and age

Prescription and use of medical marijuana is not yet legal in the State of Kentucky. But there is a legislative proposal to legalize medical marijuana in Kentucky.