Drug and Alcohol Testing Policy
(with Acknowledgment) (KY)

This template provides a standard drug and alcohol testing policy for Kentucky employers. This template contains practical guidance, drafting notes, and alternate and optional clauses. Kentucky does not have mandatory drug testing rules for private employers. However, the drug-free workplace program (DFWP) requirements under Kentucky insurance law regulate drug and alcohol testing by private employers that opt to implement a DFWP to qualify for a 5% premium discount on their workers' compensation policy. Ky. Rev. Stat. § 304.13-167(6); 803 Ky. Admin. Regs. 25:280. The DWFP also requires employers to implement a drug policy when seeking DWFP certification. In addition, the state adopted a voluntary program in 2020 to encourage employers to hire individuals who have failed employment-related drug screens. Participating employers must implement a drug policy that includes drug testing. Ky. Rev. Stat. § 222.215(6). Despite this, courts typically uphold an employer's decision to terminate an employee who fails or refuses a drug test. See Shrout v. The TFE Group, 161 S.W.3d 351 (Ky. Ct. App. 2005); Monroe v. Consolidated Freightways, Inc., 654 F. Supp. 661 (E.D. Mo. 1987). This template is intended for private employers and may be included in an employee handbook or distributed as a standalone document. The policy's language has been customized to comply with both Kentucky and federal law. As a result, the text of this template differs from the non-jurisdictional Drug and Alcohol Testing Policy (with Acknowledgment). For a non-jurisdictional employee handbook, see Employee Handbook. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For more information on drug and alcohol testing policies, see Drug- and Alcohol-Testing Policies: Key Drafting Tips. For information on Kentucky laws concerning drug and alcohol testing, see Drug and Alcohol Testing (KY). For a non-jurisdictional drug and alcohol testing authorization, see Drug and Alcohol Testing Authorization. For tracking of newly enacted drug and alcohol testing laws in Oregon and other key federal, state, and local Labor & Employment legal developments, see Labor & Employment Key Legal Developments Tracker (Current). For information on drug and alcohol testing laws generally, see Drug and Alcohol Use, Testing, and Accommodation: Key Employment Law Issues, Drug and Alcohol Testing of Employees Checklist (ADA), Interviewing and Screening Job Applicants — Conducting Drug and Alcohol Testing When Screening Employees, and Employment Screening § 4.01 et seq. For information on state laws concerning drug and alcohol testing, see "Drug and Alcohol Testing" in the Pre-employment Inquiries and Testing column of Screening and Hiring State Practice Notes Chart. For a non-jurisdictional drug and alcohol testing authorization, see Drug and Alcohol Testing Authorization.