Kansas State Drug Testing Laws

Workplace Drug Testing Issues – Kansas State Laws

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

Drug Testing IssueStatusComments
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 RestrictionsSAMHSA 5 panel is recommended
LaboratoryRestrictionsMust use lab with Federal certifications, SAMHSA certification is highly recommended.
Medical Review Officer Not RequiredHighly recommended to avoid exposure to liability.
Random TestingNo Restrictions
Post-Accident No Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment Denial YesTerminate for misconduct, policy must state the use of alcohol or illegal drugs at work is misconduct.
Workers Comp DiscountNoThe 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 DefenseYesThe 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 u2026
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.

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