Workplace Drug Testing Issues – Kansas State Laws
These categories do not affect 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|
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 against a compensation claim. 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 vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.