Kentucky Drug Laws

Kentucky Drug Laws & How To Pass A Drug Test in 2018.  Whether you want the most current information on Kentucky drug laws or you need to learn how to pass any drug test in Kentucky, you have come to the right place.

Do You Need To Pass A Drug Test In Kentucky?

Kentucky Drug Laws And Regulations Are Tough.  This information has been specifically developed for those individuals in Kentucky who are concerned with learning how to pass a drug test specifically in Kentucky.

First, we are not attorneys and can not provide legal advice on Kentucky Drug Laws And Regulations. This can only be done with an Attorney.  It is very important you seek professional advice skilled with the ins and outs of Kentucky drug laws and those drug laws specific to your location in Kentucky.  You need to make the choice of when and were to see legal advice.

Second, for those of you who are concerned with those Kentucky Drug Laws being applied to you, we offer not only information to pass a drug test in Kentucky, but specific information on various drug laws and regulations in Kentucky.  In you live in Kentucky and want to pass a drug test in Kentucky, you need this information.

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.  We will also provide information on how to detoxify your body completely and permanently.

How To Pass A Drug Test For Urine.How To Pass A Drug Test For Urine.  The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to Kentucky drug laws.  The urine drug test is also the easiest to beat.

How To Pass A Drug Test For Saliva.How To Pass A Drug Test For Saliva.  The Saliva Drug Test can be given at anytime, anywhere and by anyone according to Kentucky cut drug laws. The saliva drug test results are also very accurate and immediate.

How To Pass A Drug Test For Hair.How To Pass A Drug Test For Hair.  The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to Kentucky drug laws. You are at risk for at least 90 days from your use.

How To Pass A Drug Test For Blood. How To Pass A Drug Test For Blood.  The Blood Drug Test is very accurate and must be given by a heath care professional according to Kentucky drug laws. It is most often given by insurance companies or law enforcement.

How To Detoxify Your Body Completely.How To Detoxify Your Body Completely.  If you have 5 days you can detoxify your body completely and permanently.  You can be toxin free until you choose to reintroduce new ones.

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.

Kentucky Drug Laws. 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
Testing Bullet Points:
  • 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.

Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government.   Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.

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.

  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.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the Kentucky Drug Test Laws.  Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs.  Please review this information if you feel it is appropriate in addition to the Kentucky Drug Laws.

Federal Government Overview Of Drug Testing.

If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet.  This would be in addition to the information what you have learned specifically about the Kentucky Drug Laws.