Possible drug use at work can put both employees and customers at serious risk. Requiring drug tests is one way to prevent this risk.
As a business owner, you want to create a safe and healthy workplace for everyone. Finding the right balance between workplace safety and employee dignity and privacy starts with understanding Kentucky’s drug testing rules.
Kentucky workplace drug testing requirements
Kentucky laws give employers significant freedom to implement drug-free workplace programs. Many employers choose to do so not only for safety but also for discounts on workers’ compensation premiums.
You may require employee drug testing:
- After workplace accidents or safety incidents
- If you see signs or reasonable suspicion of drug use
- During routine physical exams
- As part of random testing programs outlined in company policy
- For jobs where safety matters most
These testing requirements must apply equally to all employees to prevent discrimination claims. It’s crucial to treat everyone in the same type of role equally with testing. Playing favorites could land you in legal trouble.
Drug screening for job applicants
Kentucky prohibits employers from making drug tests mandatory among initial job applicants. However, you can require drug testing after you’ve extended a conditional job offer.
Once you offer them the job, you can make the offer depend on them passing a drug test. Make sure to let your job candidates know about this upfront. Putting this requirement in writing helps protect both you and your applicant’s interests.
Smart steps for your business
Drug testing helps keep workplaces safe, but you need to be smart about it. As with many parts of running a business, clear communication and documentation are necessary. Write down clear rules about when you’ll test, how you’ll do it and what happens if someone fails.
It’s also ideal to consult an attorney experienced with employment law to make sure your rules protect both your business and your workers. Even though Kentucky laws support employer drug testing, going about it the wrong way can lead to legal claims.