KRS 304.13-167(6) requires the Executive Director of the Office of Workers’ Claims to promulgate administrative regulations regarding a drug-free workplace program for Kentucky employers to implement. This administrative regulation establishes the requirements for employers to apply and be certified by the Office of Workers’ Claims for implementing a drug-free workplace program thus allowing employers who voluntarily adopt a drug free workplace policy to receive a 5% discount.
Requirements include:
- Written Policy
- Supervisor Training
- Employee Education
- EAP Program
- Annual Certification
- Pre-employment testing
- Random Testing
- Reasonable Suspicion testing
- Post Accident Testing
- Follow-up testing
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Eleven Panel Test Required:
- Amphetamines
- Cannabanoids/THC
- Cocaine
- Opiate
- Phencyclidine (PCP)
- Benzodiazepines
- Propoxyphene
- Methaqualone
- Methadone
- Barbiturates
- Synthetic narcotics
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More on Kentucky …
Specific to the Mining industry is a requirement for a drug free workplace written policy. In mining, 0.04 is alcohol positive. At least 5% workers comp premium discount exists for mining operation with qualified Drug Free workplace including an EAP.
A company that is a licensee of the Office of Mine Safety and Licensing (OMSL) can submit a written copy of their drug free work place program to OMSL for certification. To learn more about this certification, click here.
If the program is certified by OMSL, then the licensee must submit proof of certification to KEMI to receive a 5% credit on their workers' compensation insurance premium. The program must remain in place the entire policy term to earn the credit.
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