Kentucky Drug Laws
We are going to explore two aspects of Kentucky drug laws and the information necessary to learn how to pass a drug test in Kentucky.
Learning The Basics Of Kentucky Drug Laws.
First, we are not attorneys and can not provide specific advice on the Kentucky Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Kentucky drug laws.
Second, for those of you who are concerned with those Kentucky Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Kentucky.
There Are Four Major Drug Tests Given In Kentucky.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Kentucky.
Notice and Procedural Rights for Employees.
Kentucky law doesn’t prohibit or restrict drug testing in private industry. Kentucky is one of a small number of states that has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Kentucky? Even though Kentucky Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Kentucky Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Kentucky employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- 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.
- 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 that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Kentucky Drug Laws.
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The Kentucky Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Kentucky Are For Breaking Kentucky Drug Laws For Marijuana, Not Federal Or Local Laws.
Kentucky drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Kentucky behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Kentucky using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Kentucky is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Kentucky Drug Test Laws.
- 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.
- 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.
- 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
- 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.
- 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..
- 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.
- 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.
- 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.
- 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.
- 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.