Kansas Drug Testing Laws 2024

Kansas Drug Testing Laws 2024

Kansas does not have a drug testing law for private employers. Hence, employers in the state are free to establish and implement their own workplace drug testing policies. However, they must make their written drug testing policies available to employees and ensure that the consequences of violations are clearly spelled out. Conversely, Kansas has a drug testing law (State Statutes 75-4362) for public officers and certain state employees who work in safety-related positions. They can be tested based on reasonable suspicion of the use of illegal drugs.

What Kinds of Drug Tests Can Employers Conduct in Kansas?

There are no laws in Kansas regulating the types of drug tests that employers can conduct. However, employers can test for such drugs as marijuana, cocaine, opioid, peyote, meth, PCP, MDMA, and barbiturates. Marijuana is one of the most common drugs employees are tested for in Kansas. THC metabolites, a residual product of marijuana, can be detected in urine, saliva, blood, and hair follicle samples weeks after last use. Employers in Kansas commonly use urine samples for workplace drug tests because it is non-intrusive.

The kinds of drug tests that can be conducted in any workplace in Kansas include:

• Random Test: This is done without prior notice given to employees. Employees must be selected for the test in a fair manner devoid of bias or discrimination
• Pre-employment Test: This test is done during the hiring process and as a condition for employment. Applicants are typically informed beforehand of the possibility of drug tests
• Reasonable Suspicion Test: This is done if an employer suspects an employee to be using illegal drugs. The suspicion can be due to the employee being visibly impaired or as a result of their documented history of workplace drug use
• Periodic Test: This test is done for all employees within a given time period. The frequency can be quarterly, biannually, annually, or biennially
• Post-Accident Test: This test is done after a workplace accident to ascertain if drug use was a contributory factor to the accident. Only employees directly involved in the incident are tested
• Probationary/post-rehabilitation Test: This drug test is done on an employee who has just resumed work from a drug-induced probationary period or recently completed a drug rehabilitation program to ensure that they remain drug-free

Can Employers Do Random Drug Testing in Kansas?

Yes. Employers in Kansas can implement random drug testing as there are no drug testing laws prohibiting it in the state. However, the possibility of random drug testing must be stated in their written workplace drug testing policies. The policies must state the conditions for conducting random tests and the consequences of failing or refusing random drug tests. Random drug tests must be fair and non-discriminatory for it to be effective.

What Happens if You Fail a Drug Test in Kansas for a Job?

The consequences of failing drug tests in Kansas depend on workplace drug testing policies. They can be as mild as a warning and as severe as termination of employment. Other possible consequences include mandatory drug education, suspension, probation, demotion, and loss of unemployment benefits.

Employees who fail workplace drug tests have very limited protection under Kansas laws. They might be able to avoid the penalty if they can prove that their selection was biased or discriminatory. Also, an employee may be able to avoid the consequences of a failed drug test If the testing procedure violates the employee’s civil rights. An employee who fails a workplace drug test and wishes to contest the employer-imposed disciplinary action may consult a Kansas-licensed attorney for legal advice.

Can I Be Fired for Refusing a Drug Test in Kansas?

Yes. Depending on an employer's workplace drug test policy, an employee who refuses a drug test in Kansas can be fired. Typically, refusing to take a workplace drug test is treated as a failed drug test. Kansas does not have a drug testing law, and employers are at liberty to develop their workplace drug testing policies as they see fit. However, employees may be able to contest the decision if they can provide valid reasons for refusing to take the tests. If they feel the test is discriminatory, then refusing it may be justified.

Can You Get Fired for Failing a Drug Test with a Medical Card in Kansas?

Yes. Marijuana is illegal in Kansas for both medical and recreational purposes. Hence, there is no protection for employees who use marijuana for medicinal purposes. They can be fired in line with the workplace drug testing policies like all other employees.

Can Employers Conduct Drug Tests on Applicants in Kansas?

There is no drug testing law in Kansas prohibiting applicants from submitting for drug testing. However, the Kansas Human Rights Commission prohibits employers from subjecting applicants to workplace drug tests unless they have been offered conditional employment.

Is Pre-Employment Drug Testing Allowed in Kansas?

Kansas does not have a specific pre-employment drug testing law. However, the Kansas Human Rights Commission mandates employers to conduct drug tests only after offering conditional job offers to applicants. They must conduct pre-employment drug testing under the following conditions:

• The pre-employment drug test is conducted for all prospective employees in the same job category
• The test results must be kept confidential and may only be released to supervisors

Does Kansas Allow Public Agencies to Submit Employees to Workplace Drug Tests?

Kansas permits drug testing for certain state officials and employees. The Kansas State Statutes 75-4362 permits the Kansas Division of Personnel Services in the Kansas Department of Administration to implement drug testing programs. State employees and public officers who may be subjected to drug testing include the state governor, lieutenant governor, state attorney general, members of the Kansas House of Representatives or Senate, and all other persons in safety-sensitive positions in the state. The affected officers can be tested for illegal drugs before assuming office and upon reasonable suspicion of illegal drug use. They can be penalized for failing drug tests and recommended for drug education or treatment programs. Their employment may only be terminated if they have failed workplace drug tests multiple times.

Can Employers Choose to Create Drug-Free Workplace Policies?

No Kansas law prohibits employers from creating drug-free workplace policies. Employers are free to implement drug-free workplace policies, but such policies should include the following:

• The workplace drug-free policy statement
• Drugs to be tested
• Circumstances for testing
• Employees subject to testing
• Description of specimen to be collected
• Description of testing procedures and methods
• Consequences of failing a workplace drug test
• Consequences of refusing to participate in a workplace drug test
• Policy statement on the confidentiality of test results
• Employee’s right to request confirmation of a failed drug test

Employees Exempted From Kansas Workplace Drug Testing Laws

There is no drug testing law in Kansas, and employers can decide whether to implement drug testing policies. All Kansas state employees, except those explicitly listed in KS 75-4362, are exempted from drug testing laws. Federal employees in Kansas are exempted from Kansas drug laws but are subject to federal drug testing laws.

What are the Requirements for Drug Testing Labs in Kansas?

There are no special requirements for drug testing laboratories in Kansas because the state does not have drug testing laws. However, employers in the state are encouraged to use laboratories certified by agencies like the College of American Pathologists (CAP) and the Substance Abuse and Mental Health Services Administration (SAMHSA) for workplace drug testing.