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.
Workplace Drug Testing Laws in Kansas
|Drug Testing Issue||Status||Comments|
|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|
|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 employeeu2019s 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 u2026|
|Report Driver DOT Positives||No|
|General Statute||Kansas has no law addressing drug testing in private employment. Kansas does have workersu2019 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