Bill > HB570

This bill amends Kentucky's workers' compensation law to modify how the presence of delta-9-tetrahydrocannabinol (THC, the primary psychoactive component of cannabis) is considered in workplace injury claims. Specifically, the bill changes the presumption of causation for workplace injuries when THC is detected in an employee's blood. Under the new provisions, if a scientifically reliable test reveals THC levels of 5 nanograms or more per milliliter, and no other unprescribed substances are found, the employer must prove that the THC directly caused the injury. Conversely, if THC levels are below 5 nanograms per milliliter, there is now an irrebuttable presumption that the THC did not cause the injury. This modification aims to provide a more nuanced approach to evaluating workplace injury claims involving cannabis, recognizing that the presence of THC does not automatically mean the substance was the cause of the injury. The bill maintains the existing framework that employers are liable for workplace injuries without fault, but introduces this specific refinement regarding THC testing and presumption of causation.