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Kansas Drug Testing Compliance

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Kansas

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Kansas drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state. Kansas is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice, however, there is a state law providing a rebuttal presumption of intoxication defense for a workers’ compensation claim. There may also be federal rules to consider. This overview is to introduce you to the nature and history of Kansas workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Kansas.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: SAMHSA panel.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Must be licensed by the state. Lab must meet the requirements of the federal government’s Clinical Laboratory Improvement Act amendments of 1988. Federal cut-off levels must be used.
Q7: What types of specimens can we test for?
A: Specifically mentions urine, blood, and saliva, but does not limit testing to these specimens.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Kansas Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. No known regulation limits workplace drug or alcohol testing. Since there is no known state statute, regulation, or court decision exist in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish, and to implement whatever testing program makes business sense to you. It is advisable to conduct drug testing according to the accepted standards of practice in the drug testing industry.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Kansas?

Correct!

There are no current limitations for the state of Kansas for reasons of drug testing.

Answer is “Yes”

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Kansas Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Kansas personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: To date, no official action has been taken by the state legislature and no court has focused on this issue for this state.

Personal Use: To date, no official action has been taken by the state legislature and no court has focused on this issue for this state.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

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