Kentucky Alcohol and Drugs laws & HR compliance analysis

Kentucky Alcohol and Drugs: What you need to know

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.
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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.
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.

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