State: Kansas
Statute of Order: Kan. Gen. Stat. Ann. §75-4362
Covered Employers: State government.
Applicant Testing: Testing authorized of applicants for safety- sensitive jobs in state government after a job offer has been made. Advertisements for safety- sensitive jobs must include notice of drug testing requirement.
Employee Testing: Testing authorized of state employees holding safety-sensitive jobs and individuals taking office as governor, lieutenant governor, or attorney general, but only if there is reasonable suspicion of substance abuse, as evidenced by a workplace accident or medical emergency that could be attributed to drug use, by direct observation of impaired performance, by information that the employee is using drugs, or by physical signs of on-the-job drug use. Employee testing positive for the first time must have opportunity to undergo drug evaluation and recommended treatment.
Conditions & Methods: Confidentiality of test results.
Pass Drug Testing Bulletpoints:
  • Kansas has a drug screening program for its key State positions and other safety sensitive employees of the State. The program is intended to establish the State government as a model for a drug-free workplace.
  • Among those mandated by Kansas State’s statutes to undergo drug screening is the office of the governor, lieutenant governor or the attorney general. Safety sensitive positions of the State include law enforcement officers, correction officers, parole officers, heads of State agencies, the governor’s staff members, and certain employees of correctional, juvenile and mental health facilities.
  • Employers with a drug free workplace program may be required a written policy in relation to administering workers’ compensation and unemployment benefits. It must be made known to the employees that the policy includes alcohol and controlled substance testing as a required condition of employment.
  • Substance abuse testing with probable cause is allowed as well as voluntary testing for an employee assistance program or similar drug or alcohol rehabilitation program.
  • As per the law, collection and testing for controlled substances must be done by licensed professionals and be performed and confirmed at certified laboratories only.
  • Employees’ refusal to undergo chemical testing for presence of drugs is only admissible evidence if employer can show probable cause.
  • Workers’ compensation and unemployment benefits may be denied for employees impaired due to alcohol intoxication or use of any drugs.
  • 10 Things to Know To Pass A Drug Test In Kansas

    1) Who Gets Tested

    In Kansas, there are no requirements of any particular group ir class to be provided with testing for alcohol; or drug abuse. when employers choose to test employees, it must be done in a licensed facility. Only results obtained by a person licensed to collect and process samples are accepted as positive results.

    2) Types of Drugs

    Kansas does not specify which types of drugs or alcohol abuse must be tested for. The usual drugs that are included in a test for substance abuse include marijuana, cocaine, methamphetamines and others that would impair the ability of the the employee to successfully perform the duties of the position.

    3) Company Disclosure

    Kansas employers are not required to disclose the fact that they require drug testing as an element of the hiring or continuance of the employee in the position. Any posting of information about the practice is voluntary on the part of the employer.

    4) Written Policy

    For the purposes of workers compensation laws and for unemployment purposes, employers are required to have a written policy in place, but the law in Kansas does not require a written policy otherwise. Since many companies take part in workers compensation laws, a written policy is common amongst Kansas employers.

    5) Test Types

    Kansas law does not specify the type of test that must be conducted, only how the biological specimens must be handled. The acquisition of the specimens for testing must be done by a person or firm that holds a license to do so under state law.

    6) Drug Test Fees

    Employers are required to pay the costs of all medical examinations under Kansas law. However, no decision exists as to whether or not How To Pass A Drug Test In Kansas is considered to be a medical examination.

    7) Who Must Be Tested

    No specification as to which employees or workers must be tested exists in Kansas. Conversely, no limitation exists upon who employers may determine to test for drug or alcohol abuse.

    8) Where Does Testing Take Place

    According to Kansas state law on how to pass a drug test,pass a drug test all testing must be done within the confines of approved laboratories, hospitals or clinics and handled according to precise standards. However, there is a legal opinion in place stating that employers are not bound by the law and may instead use on site testing for employees so long as the testing and handling procedures follow state law.

    9) Is there a Set Time for Drug Testing?

    The law in Kansas doesn’t mandate when drug testing must be done. For those employers who require substance abuse testing, the company policy applies, so long as the expectation is reasonable.

    10) What Happens if the Test is Positive?

    If an employee tests positive for a drug, or refuses to take the test, Kansas state law and Supreme Court decisions provide for limitation or refusal of unemployment benefits and for unemployment benefits refusal. Employees under the influence of a substance which impairs their ability to do the duties of the position lose their rights for workers compensation or unemployment benefits if injured or terminated.

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