Workplace Drug Testing Laws in Kentucky
In the state of Kentucky, employers are required to follow employment drug screening laws for both the job application process and current employee purposes. Workplace drug testing laws in Kentucky are predominantly broad and offer employers the opportunity to conduct drug tests as long as regulations are followed correctly.
For purposes of pre-employment, Kentucky drug testing legislation states that applicants may only be asked to submit to a drug test once a conditional employment offer has been made. Furthermore, labor laws constructed under the Kentucky Drug-Free Workplace program request that employers who wish to conduct drug tests on current employees receive program certification.
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Kentucky Drug Testing Compliance
Kentucky Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Under current Kentucky law, it is illegal to recreationally consume marijuana. This creates no restrictions for Kentucky employers when conducting workplace drug testing that screens for marijuana. |
| Medical Marijuana | The SB 47 law, which establishes the medical cannabis program in Kentucky, explicitly allows employers to maintain drug-free workplaces. This means that despite the legalization of medical cannabis, employers have the right to enforce policies that prohibit the use of cannabis among their employees, including conducting drug tests to ensure compliance with their drug-free workplace policies. |
| Workers Comp | Under Kentucky Statute 342.610, workers' compensation can be denied if a scientifically reliable drug test determines the illegal or excessive use of a controlled substance contributed to the incident. |
| Substances Screened | Under the Kentucky Drug-Free Workplace program, employee drug screening laws allow for the eleven-panel testing of amphetamines, cannabinoids (THC), cocaine, opiates, phencyclidine (PCP), benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics. |
Conditional Kentucky Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Random Testing | Under the Kentucky Drug-Free Workplace program, employee drug testing laws state employee testing can be completed using a statistically valid and unannounced method that selects drug test participants in a random, unbiased manner. |
| Specimens Tested | Workplace drug testing laws in Kentucky state that for testing purposes, breath will be used for alcohol testing and urine for drug testing. In specific instances, the Kentucky Department of Workers' Claims can issue a certification that allows for the collection of additional specimens for drug and alcohol testing. |
| Testing for Alcohol | Kentucky drug testing compliance laws state that alcohol testing can only be completed using breath specimens. To use other specimens, testing methods must be approved by the Kentucky Department of Workers Claims. |
Kentucky Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Although there is no specific language regarding POCT or instant testing, under Kentucky drug testing compliance laws, drug tests for those who participate in the Drug-Free Workplace program must only be performed by a qualified laboratory. |
| Laboratories | Workplace drug testing laws in Kentucky state that drug testing must be completed in a qualified laboratory certified in accordance with the National Laboratory Certification Program (NLCP) under the United States Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA). |
Other Services We Provide in Kentucky
If you're looking for drug testing information related to a specific city in the state of Kentucky, try taking a look at our Kentucky clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Kentucky Background Checks. For more information, visit our Kentucky background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.