Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:280 - Certification of drug-free workplace

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.140,
				217.900(1),
				218A.010(6),
				304.13-167,
				342.011(9),
				342.640,
				342.660,
				351.010(1)(m)
NECESSITY, FUNCTION AND CONFORMITY:
				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.
Section 1. Definitions.
(1) "Alcohol" means ethyl alcohol, hydrated
			 oxide of ethyl, or spirit of wine, produced from any source or
			 process.
(2) "Consortium" means an
			 entity, which may involve varied pools of employers and their employees,
			 established to provide cost-effective services to employers to help the
			 employers comply with drug-free workplace program requirements and may provide
			 employer education, supervisor training, and drug and alcohol testing at a
			 reduced cost to the employers who choose to participate.
(3) "Drug" means a controlled substance as
			 defined in
			 KRS
			 218A.010(6) and as
			 established in 902 KAR Chapter 55, including:
(a) Amphetamines;
(b) Cannabanoids/THC;
(c) Cocaine;
(d) Opiates;
(e) Phencyclidine (PCP);
(f) Benzodiazepines;
(g) Propoxyphene;
(h) Methaqualone;
(i) Methadone;
(j) Barbiturates;
(k) Synthetic narcotics;
(l) Illicit substances; and
(m) Volatile substances as defined by
			 KRS
			 217.900(1).
(4) "Drug or alcohol rehabilitation program"
			 means a service provider that provides confidential, timely, and expert
			 identification, assessment, treatment, and resolution of employee drug or
			 alcohol abuse.
(5) "Drug test" or
			 "test" means a chemical, biological, or physical instrumental analysis
			 administered by a qualified laboratory, for the purpose of determining the
			 presence or absence of a drug or its metabolites or alcohol pursuant to
			 standards, procedures, and protocols established by the U.S. Department of
			 Health and Human Services' Substance Abuse and Mental Health Services
			 Administration (SAMHSA), at
http://www.workplace.samhsa.gov/
.
(6) "Employee" is defined by
			 KRS
			 342.640.
(7) "Employee Assistance Program" means an
			 established program providing:
(a)
			 Professional assessment of employee personal concerns;
(b) Confidential and timely services to
			 identify employee alcohol or substance abuse;
(c) Referrals of employees with alcohol or
			 substance abuse for appropriate diagnosis, treatment, and assistance;
			 and
(d) Follow-up services for
			 employees who participate in a drug or alcohol rehabilitation program and are
			 recommended for monitoring after returning to work.
(8) "Employer" means a corporation,
			 partnership, sole proprietorship, or other business entity doing business in
			 Kentucky which is required to comply with the provisions of KRS Chapter 342 or
			 voluntarily covers excluded employees pursuant to
			 KRS
			 342.660.
(9) "Executive director" is defined by
			 KRS
			 342.0011(9).
(10) "Illicit substance" is defined by
			 KRS
			 351.010(1)(m).
(11) "Medical review officer" or "MRO" means
			 a licensed physician with knowledge of substance abuse disorders, laboratory
			 testing, chain of custody, collection procedures, the ability to verify
			 positive, confirmed test results, and the necessary medical training to
			 interpret and evaluate a positive test result in relation to the person's
			 medical history or any other relevant biomedical information.
(12) "Office" is defined by
			 KRS
			 342.0011(8).
(13) "Qualified laboratory" means a
			 laboratory certified in accordance with the National Laboratory Certification
			 Program (NLCP) by the United States Department of Health and Human Services'
			 Substance Abuse and Mental Health Services Administration (SAMHSA).
(14) "Reasonable suspicion testing" means
			 drug or alcohol testing that meets the requirements in Section 3 of this
			 administrative regulation.
(15)
			 "Serious physical injury" means an injury which has a reasonable potential to
			 cause death.