Drug Testing Law Summaries

Drug Testing Law Summaries

Kansas, Drug Testing Law Summaries

Kansas' drug testing law is located in the Kansas Statutes Annotated at Chapter 75, Article 43 (for full text, see Wages-Hours ¶17-53,001).

DEFINITIONS

“Safety sensitive positions ” means the following (Sec. 75-4362(g), as amended by H. 2933, L. 2001, effective from and after its publication in the statute book):

1. all state law enforcement officers who are authorized to carry firearms;

2. all state corrections officers;

3. all state parole officers;

4. heads of state agencies who are appointed by the governor and employees on the governor's staff;

5. all employees with access to secure facilities of a correctional institution;

6. all employees of a juvenile correctional facility; and

7. all employees within an institution of mental health who provide clinical, therapeutic or habilitative services to the clients and patients of those institutions.

COVERAGE

Only public employers are covered by Kansas' drug testing law (Sec. 75-4362, as amended by H. 2933, L. 2001, effective from and after its publication in the statute book).

WHAT THE EMPLOYER MUST DO

Persons taking office and applicants for safety-sensitive positions.- The Director of the Division of Personnel Services of the Department of Administration has the authority to establish and implement a drug screening program for persons taking office as governor, lieutenant governor or attorney general and for applicants for safety sensitive positions in state government, but no applicant for a safety sensitive position is required to submit to a test as a part of this program unless the applicant is first given a conditional offer of employment (Sec. 75-4362(a), as amended by H. 2933, L. 2001, effective from and after its publication in the statute book).

Persons in office or in safety-sensitive positions.- The director also has the authority to establish and implement a drug screening program based upon a reasonable suspicion of illegal drug use by any person currently holding one of the following positions or offices (Sec. 75-4362(b), as amended by H. 2933, L. 2001, effective from and after its publication in the statute book):

1. the office of governor, lieutenant governor or attorney general;

2. any safety sensitive position;

3. any position in an institution of mental health that is not a safety sensitive position;

4. any position in the Kansas state school for the blind;

5. any position in the Kansas state school for the deaf; or

6. any employee of a state veteran's home operated by the Kansas commission on veteran's affairs.

Employment ads and notice of testing.- Any public announcement or advertisement soliciting applications for employment in a safety sensitive position in state government must include a statement of the requirements of the drug screening program established under Kansas' drug testing law for applicants for and employees holding a safety sensitive position (Sec. 75-4362(c), as amended by H. 2933, L. 2001, effective from and after its publication in the statute book).

Action upon test results.- No person can be terminated solely due to positive results of a test administered as a part of a program authorized under Kansas' drug testing law if (Sec. 75-4362(d), as amended by H. 2933, L. 2001, effective from and after its publication in the statute book):

1. the employee has not previously had a valid positive test result; and

2. the employee undergoes a drug evaluation and successfully completes any education or treatment program recommended as a result of the evaluation.

Privacy.- Except in hearings before the state civil service board regarding disciplinary action taken against the employee, the results of any test administered as a part of a program authorized by Kansas' drug testing law are confidential and cannot be disclosed publicly (Sec. 75-4362(e), as amended by H. 2933, L. 2001, effective from and after its publication in the statute book).

WHO TO CONTACT

Contact the Director of the Division of Personnel Services of the Department of Administration at 900 Jackson Room 951S, Landon State Office Building, Topeka, KS 66612-1251. Telephone: (785) 296-4278. TDD: (785) 296-8404. Fax: (785) 296-6793. E-mail: psweb@state.ks.us

<p>Contact the Director of the Division of Personnel Services of the Department of Administration at 900 Jackson Room 951S, Landon State Office Building, Topeka, K</p>

Kansas, Drug Testing Law Summaries

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