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Drug-Free Workplace Policy and Program Template

Kansas Drug Testing Laws and Regulations

State: Kansas
Statute of Order: Kan. Gen. Stat. Ann. ยง75-4362
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. Other safety-sensitive positions include all law enforcement officers who legitimately carry firearms; all state correction officers; all state parole officers; government-appointed department heads and governor’s staff; and all employees with access to correctional institutions, juvenile correctional facilities, mental health institutions. Employee testing positive for the first time must have opportunity to undergo drug evaluation and recommended treatment.
Conditions & Methods: Confidentiality of test results.
Important 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.
  • Governor Sam Brownback signed into law requiring drug testing for those who receive jobless benefits and welfare if there is suspicion of drug use. Those with positive results would have to undergo and complete substance abuse and job training programs. Failure to do so would render the person ineligible to receive benefits and welfare from the state government. Those who refuse drug testing will be ineligible too.
  • There is no government law that limits drug testing in the workplace that employees who believe that their drug testing is illegal would have to refer on other legal theories such as disability discrimination, discrimination based on age, gender or ethnicity; invasion of privacy and defamation.
Medical Marijuana Law:

Senate Bill 9 and House Bill 2011 introduced by Sen. David Haley and Rep. Gail Finney respectively on January 12, 2015 both FAILED to advance before the crossover deadline on February 26, 2015.1 Both bills were seeking to enact the Cannabis Compassion and Care Act; making the use of cannabis legal for certain debilitating medical conditions; establishing the registration and functions of compassion centers; and authorizing the issuance of identification cards. Had the bills been passed, below WOULD HAVE been the:

Qualifying Medical Conditions

• Alzheimer's disease

• Amyotrophic lateral sclerosis

• Cancer

• Crohn's disease

• Glaucoma

• Hepatitis C

• HIV/AIDS

• Nail patella

• Chronic or debilitating diseases or medical conditions or their treatment that result to one or more of the following

• Cachexia or wasting syndrome

• Seizures including epilepsy

• Severe and persistent muscle spasms including multiple sclerosis

• Severe nausea

• Severe pain

• any other medical condition or its treatment approved by the department

Recreational Marijuana Law

On May 13, 2016 House Bill 2462 was signed into law by Gov. Brownback. It was effective starting July 1, 2016. It amends the penalties imposed on marijuana possession. A first-time marijuana possession offense used to be a Class A misdemeanor (jail time of up to 1 year AND $2,500 fine). This new law reduces it to a Class B misdemeanor (jail time of up to 6 months AND $1,000 fine). All subsequent offenses after the first offense used to be classified as drug severity level 5 felony. Now a second offense is a Class A misdemeanor and all subsequent offenses are drug severity level 5 felony.2 This bill obviously does not make recreational marijuana legal.

Effects on Workplace Drug Testing

None of these most recent initiatives towards marijuana legalization or decriminalization in Kansas have any impact on the state's workplace drug testing laws. Employers who do not already have an existing drug test policy are totally within their rights to build one that explicitly addresses employee marijuana use in the interest of maintaining employee performance, safety and productivity.

Sources:

http://medicalmarijuana.procon.org/view.resource.php?resourceID=002481#kansas

http://norml.org/news/2016/05/16/kansas-hemp-cbd-and-penalty-reduction-legislation-being-considered

For Further Reading:

http://medicalmarijuana.procon.org/view.resource.php?resourceID=002481#kansas

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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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