Kan. Admin. Regs. § 1-6-32 - Candidate drug screening test for safety-sensitive positions
(a) A drug test
shall be administered to each candidate for a safety-sensitive position upon a
conditional offer of employment for such a position.
(1) "Safety-sensitive position" shall be
defined as provided in
K.S.A.
75-4362(g), and amendments
thereto.
(2) "Conditional offer of
employment," for purposes of this regulation, means an offer that is contingent
upon participating in the drug screening program established under
K.S.A.
75-4362, and amendments thereto.
(b) If a candidate fails to
participate in the required drug screening test or receives a confirmed
positive result based upon a test sample obtained from the candidate, the
following requirements shall apply:
(1) The
conditional offer of employment shall be null and void.
(2) The candidate shall be disqualified from
certification for safety-sensitive positions in accordance with
K.S.A.
75-2940, and amendments thereto, and K.A.R.
1-6-7 for a period of one year from the effective date of the disqualification
action.
(c) Each
candidate who has been given a conditional offer of employment shall be
informed of the provisions of subsection (b) in writing and shall sign a
statement agreeing to participate in the test before the test is administered.
Failure to accept this condition shall make the conditional offer of employment
null and void.
(d) Each candidate
required to submit to a drug screen shall be advised of all of the following
aspects of the drug screening program:
(1)
The methods of drug screening that may be used;
(2) the substances that may be identified;
(3) the consequences of a refusal
to submit to a drug screening test or of a confirmed positive result; and
(4) the reasonable efforts to
maintain the confidentiality of results and any medical information that are to
be provided in accordance with subsection (j).
(e) Drug screening tests may screen for any
substances listed in the Kansas controlled substances act.
(f) Any candidate who has reason to believe
that technical standards were not followed in deriving a confirmed positive
result may appeal the result in writing to the director within 14 calendar days
of receiving written notice of the result.
(g) A retest by the original or a different
laboratory on the same or a new specimen may be authorized only by the
director, if the director determines that the technical standards established
for test methods or chain-of-custody procedures were violated in deriving a
confirmed positive result or if there is other appropriate cause to warrant a
retest.
(h) If a candidate
intentionally tampers with a sample provided for drug screening, violates the
chain-of-custody or identification procedures, or falsifies test results, the
conditional offer of employment shall be withdrawn. Any of these actions by a
candidate shall be grounds for disqualification for all positions in state
service in accordance with
K.S.A.
75-2940, and amendments thereto.
(i) If the result of a drug screening test
warrants disqualification action, a candidate shall be afforded due process in
accordance with
K.S.A.
75-2940, and amendments thereto, and K.A.R.
1-6-7 before any final action is taken.
(j)
(1)
Individual test results and medical information shall be considered
confidential and shall not be disclosed publicly in accordance with
K.S.A.
75-4362, and amendments thereto. Each
candidate shall be granted access to the candidate's information upon written
request to the director.
(2) Drug
screening test results shall not be required to be kept confidential in civil
service board hearings regarding disciplinary action based on or relating to
the results or consequences of a drug screen test.
(3) Each appointing authority shall be
responsible for maintaining strict security and confidentiality of drug
screening records in that agency. Access to these records shall be restricted
to the agency's personnel officer or a designee, persons in the supervisory
chain of command, the agency's legal counsel, the agency's appointing
authority, the secretary of administration or a designee, the department of
administration's legal counsel, and the director or a designee. Further access
to these records shall not be authorized without the express consent of the
director.
(k) This
regulation shall be effective on and after June 5, 2005.
Notes
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