Bill > HB403

This bill amends Kentucky Revised Statutes (KRS) 342.610, which deals with workers' compensation. Specifically, it modifies the section that creates a presumption that an employee's injury, occupational disease, or death was caused by the introduction of certain substances into their body if those substances are detected in their blood. The key change is that if a scientifically reliable test shows a level of five (5) nanograms or more of delta-9-tetrahydrocannabinol (a component of cannabis) per milliliter of blood, and no other unprescribed or excessively prescribed substances are found, the presumption that this substance caused the injury will no longer automatically apply. Instead, the employer will have the burden of proving that the delta-9-tetrahydrocannabinol was the direct cause of the injury. Furthermore, if the test shows less than five (5) nanograms of delta-9-tetrahydrocannabinol per milliliter of blood, and no other problematic substances are present, there will be an irrebuttable presumption that the delta-9-tetrahydrocannabinol did not cause the injury. This provision aims to clarify the circumstances under which the presence of delta-9-tetrahydrocannabinol in an employee's system can be considered the cause of a workplace injury for workers' compensation purposes.

Business and Industry

https://apps.legislature.ky.gov/record/26RS/hb403.html