Private employers. Many states have laws that regulate or prohibit drug testing in the private sector, but Kentucky does not have such a law. Therefore, Kentucky employers are free to implement testing policies at their own discretion. There are details on implementing a drug testing program. Please see the national Alcohol and Drugs section.
Public employees. The state does have a policy that covers the Kentucky State Police Department. That policy subjects uniformed officers hired since 1984 to testing on a reasonable-suspicion basis and before a promotion or transfer, and it subjects civilian employees hired after January 1991 to random testing with names selected by computer.
Any employer that is also a licensee of a coal mine that has implemented a drug-free workplace program, including an employee assistance program, certified by the Office of Mine Safety and Licensing is eligible to obtain a credit on the licensee's premium for workers' compensation insurance. The requirements of such drug-free workplace programs, testing procedures, and other program requirements are defined by state law (KY Rev. Stat. Sec. 304.13).
The Kentucky Civil Rights Act prohibits employment practices that discriminate on the basis of certain classifications, including disability. The Act specifically excludes from coverage persons with current or past controlled substance abuse or alcohol problems and persons excluded from coverage by the federal Americans with Disabilities Act (ADA). The provisions relating to disability apply to employers with 15 or more employees (KY Rev. Stat. Sec. 344.010 et seq.).
In addition, the Kentucky Equal Opportunities Act prohibits ...