Kan. Admin. Regs. § 1-6-33 - Candidate alcohol and controlled substances test for commercial driver positions
(a) The provisions
of 49 C.F.R., Part 382, as in effect on May 1, 1995, and 49 C.F.R., Part 40, as
in effect on February 15, 1994, and amendments to Part 40, as published in 59
Fed. Reg. 42,996 (1994), are hereby adopted by reference.
(b) Each candidate who has been given a
conditional offer of employment for a commercial driver position shall be
administered a controlled substances test.
(c) For purposes of this regulation, a
"conditional offer of employment" means an offer of a commercial driver
position that is contingent upon participating in the controlled substances
testing program established under the federal omnibus transportation employee
testing act of 1991, 49 U.S.C. Appx. § 2717.
(d) Each candidate who has been given a
conditional offer of employment shall be informed of the provisions of
subsections (c) and (g) of this regulation in writing and shall sign a
statement agreeing to participate in the testing prior to administration of the
tests. Failure to accept this condition shall make the conditional offer of
employment null and void.
(e) The
appointing authority shall advise each candidate required to submit to
controlled substances testing of the following aspects of the testing program:
(1) the methods of controlled substances
testing that may be used;
(2) the
substances that may be identified;
(3) the consequences of a refusal to submit
to a controlled substances test or of a confirmed positive result; and
(4) the reasonable efforts
utilized by the state to maintain the confidentiality of results and any
medical information that may be provided.
(f) Procedures and testing personnel used in
collecting, analyzing, and evaluating test samples shall meet the standards
established by the director in accordance with 49 C.F.R., Part 40.
(g) In the following instances, the
conditional offer of employment shall be null and void, and the candidate shall
be subject to disqualification from commercial driver positions in accordance
with K.S.A. 75-2940 and K.A.R. 1-6-7
for a period of one year from the effective date of the disqualification
action:
(1) the candidate fails to
participate in the required controlled substances test;
(2) the candidate receives a confirmed
positive controlled substances test result;
(3) the candidate refuses to provide written
authorization to obtain information from prior employers as required by
49 C.F.R.,
382.413; or
(4) the information obtained from a prior
employer under 49 C.F.R.,
382.413 indicates that, within the preceding
two years, the following has occurred:
(A)
the candidate violated any of the provisions of 49 C.F.R., Part 382, Subpart B;
and
(B) the candidate failed to
complete the requirements for returning to work under
49 C.F.R.,
382.605, including an evaluation by a
substance abuse professional, a return-to-duty alcohol test, controlled
substances test or both, and completion of any rehabilitation or treatment
program.
(h)
In accordance with 49
C.F.R., 40.25(f)(10)
(ii)(E), any candidate who receives a
confirmed positive result on a controlled substances test may request a retest
by the original or a different laboratory on the second half of the original
specimen within 72 hours of being notified of the positive test result.
(i) Any candidate who
intentionally tampers with a sample provided for controlled substances testing,
violates chain-of-custody or identification procedures, or falsifies a test
result shall have the conditional offer of employment withdrawn and shall be
subject to disqualification for all positions in state service in accordance
with K.S.A. 75-2940.
(j) If disqualification of a candidate is
warranted under subsection (g) of this regulation, the appointing authority
shall afford the candidate due process in accordance with
K.S.A.
75-2940 and K.A.R. 1-6-7.
(k)
(1)
Individual results and medical information shall be considered confidential and
shall not be disclosed publicly. Each candidate shall be granted access to the
candidate's information upon written request to the director, in accordance
with 49 C.F.R.,
382.405.
(2)
(A)
Each agency shall be responsible for maintaining strict security and
confidentiality of the alcohol and controlled substance testing records in that
agency. Access to these records shall be restricted to the following
individuals:
(i) the agency personnel
officer, the agency appointing authority, the secretary of administration, the
director, or any of their respective designees;
(ii) persons in the supervisory chain of
command;
Probationary Period and Employee Evaluation
(iii) the agency legal counsel; or
(iv) the department of administration legal
counsel.
(B) Further
access to these records shall not be authorized without the express consent of
the director.
Notes
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