Kentucky drug testing locations
Kentucky drug testing laws
The state of Kentucky is among the many states that have specific laws regarding drug and alcohol testing for employment and pre-employment purposes. In order to protect the welfare of employees and of the public, Kentucky drug testing and alcohol testing laws for workers in transportation and mining industries are mandatory. School bus drivers, school bus mechanics and commercial drivers can be randomly tested for traces of drugs or alcohol in their system. Employers are encouraged to adopt a drug-free workplace program. Discounts on workers’ compensation insurance premiums and other incentives are awarded to employers who voluntarily apply for Drug-Free Workplace certification.
The State of Kentucky’s commitment to Drug Free Workplace programs also allows companies to have comprehensive drug testing policies regardless of whether the business wishes to be certified as a drug-free workplace or not, provided the company complies with all drug testing laws.
Companies may utilize pre-employment, reasonable suspicion, and post-accident testing. Also, the drug testing laws may provide protections to an employer when action is taken against an employee who violates the company’s drug and alcohol policies.
Studies have shown that substance abuse among employees has serious repercussions for both the working environment and the economic success of the business. As a result of drug and alcohol abuse, employers see increased costs related to medical fees, absenteeism, and overall productivity.
Kentucky companies wishing to implement a drug-free workplace can contact an accredited drug testing company that can schedule all drug tests. Employers only need to contact a representative from one of these companies and inquires about all drug testing services and programs.
One type of drug testing company is a mobile drug testing company. In order to provide convenience and confidentiality, mobile drug testing companies will offer online scheduling and fast delivery of test results, which allow employers to utilize the company’s services from the convenience of their office. Additionally, mobile drug testing companies can bring drug testing servicesto the workplace. On-site services help ensure maximum employee participation, as well as minimum disruption to the work day.
Kentucky drug-free workplace
Federal law places few limits on employer drug testing, although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense). Federal law neither requires nor prohibits drug testing for private employers. Rather, state and local laws determine whether an employer may test employees and applicants for drugs.
The State of Kentucky recognizes the benefits of a Drug Free Workplace and encourages businesses throughout the state to strive for a drug-free environment. One of the primary benefits a business in Kentucky can receive as a is a 5 percent discount on a company’s workers compensation insurance premium, provided the business is certified as a drug-free workplace and fully complies with all of the requirements of the Kentucky Drug-Free Workplace law.
A employer who wishes to have his or her business receive certification as a Kentucky Drug-Free Workplace must comply with the following requirements:
- Have a written drug and alcohol policy and distribute to all employees
- Utilize an 11 Panel drug test and breath alcohol test for employees
- Employee drug testing (Pre-employment, random, reasonable suspicion, post-accident)
- Certified laboratory and Medical Review Officer required
- Employee assistance program for substance abuse treatment
- Complete the Kentucky Drug Free Workplace application for certification
- Submit renewal application annually
- Supervisor and employee education program
- Maintain all other requirements of Kentucky Drug Free Workplace Program
Kentucky’s Drug Free Workplace requires a breath alcohol test in addition to an 11-panel urine drug screen in the following circumstances:
- After conditional offer of employment
- After being selected using a statistically valid, unannounced valid method
- Upon reasonable suspicion of prohibited use
- Follow up/Return to Duty after an employee tests positive and complete a drug and alcohol rehabilitation program
Kentucky employers who want to establish a drug-free workplace must drug test applicants after making a conditional offer of employment. They also must test employees:
- On reasonable suspicion of drug use
- Following a workplace accident that requires medical care for at least one person
- As a follow-up to an EAP or a rehabilitation program for drug use
- As selected in a statistically valid, unannounced, random selection program
Kentucky employers must test for alcohol after making a conditional job offer to an applicant. They also must test employees for alcohol:
- On reasonable suspicion of alcohol use
- Following a workplace accident that requires medical care for at least one
- As a follow-up to an EAP or a rehabilitation program for alcohol use
Legal claims for drug testing
Even though Kentucky law allows employer to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples:
- Disability discrimination - An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable (unless the drug is medical marijuana).
- Other discrimination claims - An employer who singles out certain groups of employees—for example, by race, age, or gender — for drug testing could face a discrimination claim.
- Invasion of privacy - Even an employer who has a legitimate reason to drug test an employee might violate the employee’s privacy in the way the test is conducted. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation, depending on the circumstances.
- Defamation - An employee might have a valid claim for defamation if the employer publicizes a false positive result, or if the employer acts in bad faith and knew (or should have known) that the result was incorrect.