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Kentucky drug testing laws for employers

Kentucky has no general drug testing law for private employers, so most testing rules come from your own written policy. The state runs an opt-in drug-free workplace program that earns a workers' comp premium credit of at least 5% if you follow its rules. Medical cannabis has been legal since January 1, 2025, but the law lets employers keep drug testing and zero-tolerance policies.

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The state law

• Joining the drug-free workplace program is voluntary for any Kentucky employer covered by workers' comp (803 KAR 25:280, Section 2(1)).
• Insurers must give certified employers a premium credit of at least 5% unless the insurance commissioner finds 5% actuarially unsound (KRS 304.13-167(6)).
• The credit is not available to employers who already get a credit under KRS 304.13-412 or KRS Chapter 351 (KRS 304.13-167(6)).
• Program members must run urine drug tests after a job offer, at random, on reasonable suspicion, after an accident that needs off-site medical care, and as follow-up after treatment (803 KAR 25:280, Section 3(3)(a)).
• Program members must use an 11-panel urine test and a 0.04 breath alcohol limit (803 KAR 25:280, Section 3(5)).
• Every employee needs at least 1 hour of drug and alcohol training at the start and 30 minutes each year after that, and supervisors need another 30 minutes each year (803 KAR 25:280, Section 3(1)).
• Tests must be done by a SAMHSA-certified lab, and every result must be reviewed by a medical review officer (MRO) (803 KAR 25:280, Section 1(13), Section 3(7)-(8)).
• Program members must offer an employee assistance program, keep test records confidential, and send a notarized affidavit to the Department of Workers' Claims every year (803 KAR 25:280, Sections 3(9), 4 and 5).

Testing applicants

• We found no state law that limits applicant testing by private employers (no statute found).
• If you join the drug-free workplace program, you test applicants after a conditional job offer (803 KAR 25:280, Section 3(3)(a)1).

Random testing

• We found no state law that limits random testing by private employers (no statute found).
• The drug-free workplace program requires random testing chosen by a statistically valid, unannounced method (803 KAR 25:280, Section 3(3)(a)2).

Marijuana (medical only)

• You do not have to allow or accommodate medical cannabis use at work (KRS 218B.040(1)(a)).
• You may keep a drug testing policy, a drug-free workplace, or a zero-tolerance drug policy (KRS 218B.040(1)(f)).
• You may restrict employees' medical cannabis use and may bar a card holder from running equipment, machinery or power tools if you believe it is an unreasonable safety risk (KRS 218B.040(1)(b)).
• The medical cannabis law does not let a worker sue you for wrongful discharge or discrimination (KRS 218B.040(1)(d)).
• If you check a card holder for impairment with a behavior assessment and a cannabis test, the worker must then prove they were not impaired (KRS 218B.040(1)(g)).
• You cannot be penalized or lose a state benefit just for employing a card holder (KRS 218B.040(3)).

Also good to know

• A worker fired for using medical cannabis at work, working under its influence, or testing positive for a controlled substance cannot get unemployment benefits if this broke a contract or written policy (KRS 218B.040(2)).
• Reporting to work under the influence of alcohol or drugs counts as misconduct for unemployment purposes (KRS 341.370(6)).

Common questions

Some rules for Kentucky weren't confirmed from an official source. Check with the state before relying on this page.

Sources

• KRS 304.13-167 (official, eff. April 9, 2026)
• 803 KAR 25:280 (official)
• KRS 218B.040 (official)
• KRS 341.370 (official)
• 2026 HB 403 bill record (official)

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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