Drug Screening for Safety-Sensitive Positions The legislation was signed into law on April 15, 1988, and the program was implemented November 1, 1988. The definition of safety-sensitive positions was expanded July 1, 2002. These laws charge the Division of Personnel Services with the responsibility to establish and implement the drug screening program for designated positions. All announcements to recruit applicants for designated positions shall contain a statement that drug screening is required at the time an offer of employment is made. The goal of the Drug Screening Program is to establish state government as a leader in promoting a drug-free workforce. Success of this program will promote the health and safety of present and future generations of Kansas.
CDL Testing The State of Kansas Alcohol and Controlled Substance Testing Program was developed to prevent accidents and injuries that result from the use of alcohol and controlled substances. The Department of Administration, Division of Personnel Services, has the responsibility to establish and implement the alcohol and controlled substance testing program for commercial drivers. All announcements for commercial driver positions shall contain a statement that alcohol and controlled substance testing is required as a condition of employment. Current employees in commercial driver positions may be tested under any of the following types of tests: pre-duty, reasonable suspicion, random, post-accident, return-to-duty, and follow up.
Benefits denied to those who are discharged for misconduct related to drug or alcohol impairment. The results of a chemical test are admissible evidence to prove misconduct if a variety of conditions are met, including, but not limited to, the test was required by state or federal law, or there was probable cause to believe the individual was impaired while working.
Benefits denied when an injury, disability or death was contributed to by the employee’s use or consumption of alcohol or any drugs, including but not limited to, any drugs or medications which are available to the public without a prescription from a health care provider, prescription drugs or medications, any form or type of narcotic drugs, marijuana, stimulants, depressants or hallucinogens. It is conclusively presumed that the employee was impaired due to alcohol if it is shown that at the time of the injury that the employee had an alcohol concentration of .04 or more. An employee’s refusal to submit to a chemical test is not admissible evidence to prove impairment unless there was probable cause to believe that the employee used, possessed or was impaired by a drug or alcohol while working.
Kansas State Library
Legislative Reference Section, 3rd Floor,
Room 343N State House