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Kentucky Drug-Free Workplace

Kentucky has specific regulations and programs aimed at maintaining drug-free workplaces, emphasizing the importance of both employer and employee compliance to ensure a safe and productive working environment.

Senate Bill 116, introduced in the Kentucky General Assembly, is focused on creating a structured approach towards enforcing drug-free policies in the workplace, particularly for public employers. It mandates an appeals process for employees who violate drug-free policies, especially in cases involving legal industrial products. This bill also suggests that private employers follow similar procedures, although it primarily targets public employers.

The Kentucky Administrative Regulations (Title 803 Chapter 25 Regulation 280) outline the certification process for employers to establish a drug-free workplace. Employers need to apply for certification and maintain their program in compliance with the regulations. If an employer's certification is denied or revoked, they have the right to request a hearing before the commissioner. The regulations also detail the necessary definitions, including what constitutes drugs and alcohol within this context, and set forth the requirements for a drug-free workplace program. This includes education and awareness training for employees and supervisors.

Furthermore, Kentucky law allows employers to conduct drug testing on current employees under specific circumstances, such as reasonable suspicion of drug or alcohol use, workplace-related accidents requiring medical attention, or following an employee's participation in a rehabilitation program or Employee Assistance Program (EAP) for substance abuse. Random drug screening is also permitted, provided it is conducted impartially. The state incentivizes workplaces to adopt drug-free policies by offering discounts on Workers’ Compensation premium rates for participating employers.

These measures highlight Kentucky's commitment to combating substance abuse in the workplace, ensuring both safety and productivity are upheld. Employers and employees alike are encouraged to understand and adhere to these regulations to foster a healthy working environment.