Kansas employment drug testing laws do not authorize or prohibit private employers from implementing drug-testing programs. The State only authorizes the testing of applicants for safety-sensitive state government positions as long as an offer of employment has been extended. It is required that all advertisements for these types of positions include a notice that applicants will be subject to drug tests prior to hiring. There are no specific laws regulating how drug tests may be conducted, what drugs can be tested, and what employers may or may not do with drug test results.

Can Current Employees be Tested? Yes, but only employees of safety-sensitive jobs; there must be reasonable suspicion.

Is Certified Testing Required? Yes.

Lawsยง 75.4362 (Public Officers and Employees)

What Can be Tested? No limitations.

How to Conduct a Legal Drug Test

Step 1 – Although it is not required, employers may choose to have applicants/employees sign a Drug Test Release Form before conducting any tests.

Step 2 – Kansas drug-screening law does not specifically state what types of specimens can be collected from an applicant/employee. However, it is required that all tests be completed at a certified laboratory; that is, the lab must be licensed by the state. It is recommended that the lab be certified by SAMHSA.

Step 3 – No person shall be terminated from their position due to the positive results of a test if this is their first time receiving a valid positive test result, or if the employee completes any education or treatment program recommended as a result of an administered drug evaluation.