Private employers. Some states have comprehensive laws that regulate or prohibit drug testing in the private sector, but Kansas does not have such a law. Private employers are therefore free to implement drug testing programs at their own discretion. Additional information on developing a program is available.
According to the Kansas Human Rights Commission’s Employment Inquiry Guidelines
, an employer may require the applicant to submit to a drug test after an offer of employment is made, as long as all entering employees in the same job category face that same requirement, and information obtained remains confidential except to supervisors or managers, or for safety reasons.
Public employers. Kansas law allows drug screening of applicants for safety-sensitive positions in state government as well as screening of current occupants of safety-sensitive positions and certain other state positions if there is a reasonable suspicion of drug use. Applicants can be tested only after receiving conditional offers of employment. Public advertisements for employment in safety-sensitive state positions must include a statement of the requirements of the drug screening program. An employee may not be discharged for a first-time positive test if he or she undergoes drug evaluation and successfully completes any recommended education or treatment program. Except in certain disciplinary hearings, an employee's drug test results must remain confidential (KS Rev. Stat. Sec. 75-4362).