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.