State:	Kentucky
Statute of Order:	Currently Not Available
Covered Employers:	Currently Not Available
Applicant Testing:	Currently Not Available
Employee Testing:	Currently Not Available
Conditions & Methods:	Currently Not Available
Pass Drug Testing Bulletpoints:	One specific industry that is mandated to have a drug screening program is in mining. Alcoholic beverages and controlled substances are strictly prohibited within and around the vicinity of mines. Applicant miners are required to present proof of being alcohol and drug free through testing approved by the State Office of Mine Safety and Licensing or through other testing facilities. Coal mine employers are eligible for workers’ compensation premium credit for implementing drug free workplace programs that includes and employee assistance program. The credit should at least be 5% or a similar value that is determined to be actuarially sound. The cost of drug and alcohol testing required for the licensing of miners are to be initially paid by the employee and then later reimbursed by the employer upon employment. As per law, employers may not require employees to pay for the cost of a medical examination that was required as a condition of employment. A Kentucky Administrative Regulation requires the enforcement of controlled substance and alcohol use testing for safety sensitive positions including school bus drivers, school bus mechanics and other safety sensitive jobs requiring a Commercial Drivers License. Pre-employment testing as well as post accident, random and reasonable suspicion testing are allowed for the previously mentioned affected positions.

110 Things to Know To Pass A Drug Test 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 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.

PASS A DRUG TEST IN KENTUCKY