| 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: |
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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.
PASS A DRUG TEST IN KANSAS
