Kentucky Alcohol & Drugs laws & safety compliance analysis

Kentucky Alcohol & Drugs: What you need to know

State Requirements
Drug Testing

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.

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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.

Drug Testing in the Mining Industry

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

Employer-Facilitated Drug Treatment Program

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 ...

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