10 Things to Know About Workplace Drug Testing State Laws and Regulations in Kentucky
1) Who must be Tested
Kentucky laws provide for mandatory testing of workers who are part of the mining industry. In addition, for those general drug free workplace employers who take part in a voluntary discount program, testing for substance abuse is conducted according to strict guidelines. Employers who take part in this program receive a 5% discount on workers compensation fees from the State.
2) Types of Drugs
There are no restrictions on the types of drugs that may be tested for, under Kentucky law. For those employers who fall under the category of the mining industry and for employers who are part of the voluntary workers compensation credit program testing for alcohol and for a specified list of eleven different drugs is required.
3) Company Disclosure
No company disclosure is required under State law except in the case of employers who participate in the voluntary workers compensation discount program. In this instance, each employee is to be notified of the company policy on drug testing and a copy of the policy must be posted in a prominent place at any work site operated by the company
4) Written Policy
Under Kentucky law, employers who are part of the Mining industry must have a written policy. In addition, employers who are participating in the voluntary workers compensation discount program should provide each employee with a copy of the company written policy.
5) Types of Drug Testing
The drug testing for mining industry employers and for voluntary workers compensation discount employers provides for eleven types of drugs and alcohol, although the alcohol test can’t be random. Testing can be urine tests or breath tests, depending upon the employer’s status..
6) Who Pays
There is no specification regarding who pays for the costs of drug and alcohol testing except for mining employers who are required to pay testing costs for certified eligible employees.
7) The Lab
The location for testing specimens in Kentucky is not specified, but the chosen lab must be one that complies with the SAMHSA regulations. Again, the state law and courts do not mandate the lab that must be used.
8) Voluntary Drug Free Environment
In Kentucky, employers who choose to participate in the voluntary drug free workplace program receive a five percent discount of the workers compensation rates. In order to meet the requirements, the employer must provide yearly education programs, must have written policy posted and must comply with the standards set by SAMSHSA regulations.
9) When Should Drug Testing Occur?
For the workers comp discount employers, the requirements for the timing of drug testing are similar for urine tests and breath alcohol tests. The employee is tested after a conditional offer of employment, upon suspicion of drug or alcohol abuse, when chosen in a statistically sound random drawing, and following required educational courses regarding drug use.
10) Testing Positive
Mining industry employees who test positive must be reported by the end of the business day and must be disqualified until reinstatement by the Office of Mine Safety and Licensing.
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