Kansas - STATE LAWS

Workplace drug testing issues – State Laws – Kansas

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Kansas

Instant or POCT Testing

Might not be permitted. Prohibited for all employee drug testing.

Quest Diagnostics does not perform instant testing at their drug testing centers in Kansas. LabCorp drug testing centers in Kansas do perform instant testing.

Drug Panels

No Restrictions

SAMHSA 5 panel is recommended

Laboratory

Restrictions

Must use lab with Federal certifications, SAMHSA certification is highly recommended.

Medical Review Officer

Not Required

Highly recommended to avoid exposure to liability.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

Terminate for misconduct, policy must state the use of alcohol or illegal drugs at work is misconduct.

Workers Comp Discount

No

The employer shall not be liable under the workers compensation act where the injury, disability or death was contributed to by the employee’s use or consumption of alcohol or any illegal drugs

Intoxication Defense

Yes

The employer shall not be liable under the workers compensation act where the injury, disability or death was contributed to by the employee's use or consumption of alcohol or any drugs …

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Kansas has no law addressing drug testing in private employment. Kansas does have workers’ compensation claim reduction and unemployment denial laws that contain specific drug testing requirements for qualification.

Intoxication Defense – Kansas Statute Article 5 Workers Compensation

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Kansas