Effective July 15, 2020, an employer may elect to employ a person who has failed an employment-related drug screen (KY Rev. Stat. Sec. 222.215). An employer that opts to participate in the program must:
• Have a written drug testing policy and provide a copy to the employee;
• Require the employee to participate in recommended drug education and licensed substance use disorder treatment services as a condition of employment;
• Have the right to discipline or terminate the employee for noncompliance with the treatment services or drug policy;
• Comply with applicable state regulations; and
• Maintain all records concerning an employee’s drug test results, treatment assessments, and treatment reports in a confidential manner in files kept separate from the employee’s personnel file.