Kentucky lawmakers on Tuesday introduced a bill that would make employers prove that marijuana use caused a worker’s injury.
H.B. 351, which was referred to a committee, states that “if a scientifically reliable test reveals that the employee had a level of five … nanograms or more of delta-9- tetrahydrocannabinol per milliliter” and “no other unprescribed substance or prescribed substance in amounts in excess of prescribed amounts” there would not be a presumption that the substance caused the injury, occupational disease, or death of the employee.
The bill stipulates that the employer would have the burden of proving the injury, occupational disease or death was “proximately caused” by the drug.
If the test finds that the employee had less than five nanograms of the substance and no other medicine in their system “there shall be an irrebuttable presumption” that the substance did not cause the accident.