Order a Drug Test in Kentucky

Pre-Employment Drug Testing in Kentucky

Private employers generally may require applicant testing when they clearly communicate the policy and apply it consistently. Employers participating in Kentucky’s certified Drug-Free Workplace Program must conduct the urine test after a conditional offer of employment and must follow the procedures in 803 KAR 25:280.

• Choose a THC-inclusive or no-THC panel intentionally.
• State when testing occurs and which substances are included.
• Use compliant collection, confirmation, and Medical Review Officer procedures.
• Apply uniform rules to similarly situated applicants.
• Keep test information confidential.

Employer Testing Programs

A Kentucky policy should identify covered positions, testing reasons, substances, refusals, laboratory confirmation, Medical Review Officer review, confidentiality, and the consequences of a verified result. Employers should decide whether they are seeking state certification; certification brings additional education, supervisor-training, employee- assistance, testing, and documentation requirements.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Kentucky city, ZIP code, or area entered for the donor.

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Kentucky’s Certified Program Is Voluntary

803 KAR 25:280 establishes the requirements an employer must meet to become certified by the Department of Workers’ Claims. Participation is voluntary; the regulation’s full set of program rules is not automatically imposed on every Kentucky private employer.

Certified employers must maintain a written policy, post the required statement, apply stated sanctions, provide employee education and supervisor training, offer access to an employee-assistance program, and follow the regulation’s testing procedures.

Official source: Kentucky Legislature — 803 KAR 25:280

Certification Can Support an Insurance Credit

KRS 304.13-167 requires workers’ compensation rating plans to give specific consideration to employers that implement a drug-free workplace program under Department of Workers’ Claims regulations. The credit must be at least 5% unless the insurance commissioner determines that level is actuarially unsound.

The statutory credit does not apply to an employer already receiving a credit under KRS 304.13-412 or KRS Chapter 351.

Official source: Kentucky Legislature — KRS 304.13-167

Testing Reasons and Procedures for Certified Programs

The certified program includes urine testing after a conditional offer, statistically valid unannounced random testing, reasonable-suspicion testing based on specific and articulable facts, follow-up testing, and post-accident testing when off-site medical attention is required.

• Use the minimum urine-test panel specified by the regulation.
• Use a laboratory certified under the federal workplace-testing program.
• Have all results reviewed by a qualified Medical Review Officer.
• Allow the employee to disclose prescription and nonprescription medication.
• Keep testing records confidential except as authorized by law.

Education, Training and Employee Assistance

Certified employers provide every employee at least one hour of initial education and at least 30 minutes of annual refresher education. Supervisors receive that education plus at least 30 additional minutes of supervisor training each year.

The program must also provide access to an employee-assistance program. Follow-up testing occurs at least quarterly for one year after successful EAP or rehabilitation treatment, or at the frequency recommended by the provider.

A Treatment-Focused Alternative Is Also Voluntary

908 KAR 1:390 establishes the Voluntary Employer Substance Use Program. Participating employers may use a treatment-oriented process after an employment-related positive test instead of automatically terminating or refusing to hire the individual.

The program requires a written policy, defined screening procedures, confidentiality protections, a treatment assessment, and secure records maintained separately from the personnel file.

Official source: Kentucky Legislature — 908 KAR 1:390

Workers’ Compensation Has a Causation Rule

KRS 342.610 provides a narrow workers’ compensation presumption when a scientifically reliable blood test detects an illegal or nonprescribed substance voluntarily introduced by the employee—or a prescribed substance above the prescribed amount—that was capable of disturbing the employee’s mental or physical capacity.

When the statutory conditions are met, the substance is presumed to have caused the injury, disease, or death. The rule is fact-specific and should not be treated as a universal consequence of every positive workplace test.

Official source: Kentucky Legislature — KRS 342.610

Employers May Keep Testing and Zero-Tolerance Policies

KRS 218B.040 allows an employer to establish and enforce a drug-testing policy, drug-free-workplace policy, or zero-tolerance drug policy. It also does not require an employer to accommodate medical-cannabis use or possession in the workplace.

The statute permits employers to restrict or prohibit medical-cannabis use by employees and to restrict employees from operating equipment, machinery, or power tools when the employer believes use poses an unreasonable safety risk.

Official source: Kentucky Legislature — KRS 218B.040

Workplace Impairment and Policy Violations

An employer may determine in good faith that a registered cardholder was impaired at work through a behavioral assessment followed by a secondary cannabis test. The employee then has the burden of proving non-impairment.

KRS 218B.040 also states that the chapter does not create a cause of action against an employer for wrongful discharge or discrimination. An employee discharged for workplace consumption, working under the influence, or a positive controlled-substance test that violates an employment contract or policy is not eligible for unemployment benefits under the provision.

Program source: Kentucky Medical Cannabis Program

Choosing THC or No-THC Panels

• Kentucky employers may include marijuana/THC in a lawful written testing policy.
• Registered-cardholder status does not automatically override workplace policy.
• Employers should clearly state whether THC is included in the written policy and panel.
• No-THC panels are available when marijuana is intentionally excluded from a non-DOT program.
• DOT marijuana testing remains governed by federal requirements.

Federal Testing Is Separate

Kentucky medical-cannabis law does not alter federal DOT testing. DOT-regulated programs must test for marijuana under the federal panel and follow 49 CFR Part 40, regardless of cardholder status or an employer’s non-DOT panel choices.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.