State of Kansas Substance Abuse Testing Programs

The State of Kansas Alcohol and Controlled Substance Testing Program was developed to meet the requirements of the Omnibus Transportation Employees Act of 1991 and the rules established by the Federal Highway Administration. The purpose of this program is to prevent accidents and injuries that result from the use of alcohol and controlled substances.

The Department of Administration, Division of Personnel Services, has the responsibility to establish and implement the alcohol and controlled substance testing program for commercial drivers. Commercial drivers are limited to positions which require a commercial driver's license and operate commercial motor vehicles with a gross vehicle weight over 26,000 lbs., or are designed to carry 16 or more passengers (including the driver).

All announcements for commercial driver positions shall contain a statement that alcohol and controlled substance testing is required as a condition of employment. Current employees in commercial driver positions may be tested under any of the following types of tests: pre-duty, reasonable suspicion, random, post-accident, return-to-duty, and follow up.

Strict policies and procedures have been established to ensure the integrity and confidentiality of the program.

The legislation authorizing the drug screening program for safety-sensitive positions was signed into law on April 15, 1988, and the program was implemented November 1, 1988. On July 1, 1991, additional legislation was signed into law which authorized the expansion of the drug screening program to include positions located in the mental health and retardation facilities of the Department of Social and Rehabilitation Services. On July 1, 1998, legislation expanded the definition of safety-sensitive positions. It was subsequently expanded July 1, 2002.

These laws charge the Division of Personnel Services with the responsibility to establish and implement the drug screening program for designated positions. Positions which have been designated for drug screening include safety-sensitive positions and positions in classes designated by the Director at the Department of Social and Rehabilitation Service's mental health and retardation facilities. This includes all employees within an institution of mental health who provide clinical therapeutic, or habilitative services to the clients and patients of those institutions.

Safety-sensitive positions include state law enforcement officers who are authorized to carry firearms, state corrections officers and parole officers, state employees at juvenile correctional facilities, the Governor, Lieutenant Governor, Attorney General, the heads of Cabinet level agencies appointed by the Governor and employees on the Governor's staff.

All announcements to recruit applicants for designated positions shall contain a statement that drug screening is required at the time an offer of employment is made. Current employees in designated positions and any position in one of the institutions of mental health that is not a safety sensitive position, any position in the Kansas State School for the Blind, any position in the Kansas State School for the Deaf, and any position in the Kansas Soldiers' Home may be tested if there is reasonable suspicion of illegal drug use by the employee and that the employee may be unable to perform the duties of the job safely.

Strict policies and procedures have been established to ensure the integrity and confidentiality of the program.

The goal of the Drug Screening Program is to establish state government as a leader in promoting a drug-free workforce. Success of this program will promote the health and safety of present and future generations of Kansas.