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Kentucky Drug Testing Compliance

Capital Frankfort Population 4,436,974
Largest city Louisville
Area 40,409 sq mi
Criminal rate 23 crimes /10,000 people Time Zone UTC −5/−4 or −6/−5

Kentucky Employee Background Check Laws

Kentucky

Legal status for workplace drug screening and alcohol testing

Our intent is to make Kentucky drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Kentucky.

Kentucky is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways.

This overview is to introduce you to the nature and history of Kentucky workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Kentucky.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: applicant, reasonable suspicion, post-accident, random, and follow-up. Periodic and return-to-duty are not mentioned.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: 11 panel urine test: amphetamines, cannabinoids/THC, cocaine, opiates, phencyclidine (PCP), benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: NLCP (National Laboratory Certification Program) and SAMHSA (Substance Abuse and Mental Health).
Q7: What types of specimens can we test for?
A: Urine for drugs; breath for alcohol; programs using other specimen may receive certification anyway if the specimen testing method is as accurate as another equivalent to breath and urine.
Q8: Are there restrictions for Alcohol Testing?
A: Breath; 0.04% maximum cutoff level; after conditional offer of employment; upon reasonable suspicion; post-accident; follow-up.

Did you know?

Q1. Can I do a random testing for my employees in Kentucky?

Correct!

 

There is currently no limitations on reasons for drug testing.

 Answer is “Yes”

Kentucky Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. No known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

On April 10, 2014 Governor Beshear signed into law SB 124 redefining the term “marijuana” under the state’s criminal code, to exclude “the substance cannabidiol when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine.”

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Kentucky Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Kentucky personal and medical use of marijuana.

Medical Use: On April 10, 2014 Governor Beshear signed into law SB 124 redefining the term “marijuana” under the state’s criminal code, to exclude “the substance cannabidiol when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine."

Personal Use: This state does not currently have legislation permitting personal use of marijuana.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: November 2017

TO PAGETOP