...
Summary of differences between federal and state regulations
Drug testing guidelines
Under Kansas drug testing laws, while there are no restrictions on the types of testing that may be conducted, there are guidelines governing testing procedures.
Certified laboratories must be used and confidentiality procedures maintained. Employers who conduct on-site testing are exempt from laboratory requirements.
The law neither encourages nor prohibits employers from conducting applicant or employee drug tests or from making employment decisions based on the results.
Workers’ compensation
Kansas law provides for denial of benefits for workers’ compensation where an employee contributed to the injury by use of alcohol or drugs. Refusal to test is not automatic proof of impairment unless there is probable cause to believe an employee was impaired while working.
Unemployment compensation
Kansas unemployment compensation law denies unemployment benefits to those who are discharged for misconduct related to drug or alcohol impairment.
State government employees
Kansas law requires applicants for safety sensitive positions and certain other positions in state government to be subject to drug testing after a conditional offer of employment. The law allows for reasonable suspicion testing.
If a drug test is positive, an employee may get a second chance. Unless the individual has access to a secured biological laboratory in the office of laboratory services of the department of health and environment, a person cannot be terminated based solely on a positive test result if:
- The employee has not previously had a positive test result, and
- The employee undergoes a drug evaluation and successfully completes any education or treatment program recommended as a result of the evaluation.
Drug test results must be kept private.
State
Contacts
Regulations
Drug testing guidelines
Attorney General Opinion 97-96 (Dec 3, 1997)
Kansas Administrative Regulations §28-33-12
Kansas Statute Chapter 44, §44-706
Kansas Administrative Regulations §21-34-8
Workers’ compensation
Kansas Statute Chapter 44, §44-501 and 44-5a05
Unemployment compensation
Kansas Statute Chapter 44, §44-706
State government employees
Kansas Statute Chapter 75, Article 43, §75-4362
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document