State of Kansas Substance Abuse
- Employees are the State of Kansas' most valuable resource and,
therefore, their health and safety is of serious concern. The
State of Kansas will not tolerate substance abuse or use which
imperils the health and well-being of its employees or threatens
its service to the public.
- The use of illegal drugs and abuse of controlled substances,
on or off duty, is inconsistent with law abiding behavior expected
of all citizens. Employees who use illegal drugs or abuse controlled
substances or alcohol, on or off duty, tend to be less productive,
less reliable and prone to greater absenteeism resulting in the
potential for increased cost, delay and risk in providing services.
Ultimately, they threaten the state's ability to serve the public.
- Furthermore, employees have the right to work in a drug and
alcohol free environment and to work with persons free from the
effects of drug or alcohol abuse. Employees who abuse drugs or
alcohol are a danger to themselves, other employees and the public.
In addition. substance abuse inflicts a terrible toll on the
state's productive resources and the health and well-being of
Kansas workers and their families.
- The State of Kansas is therefore committed to maintaining a
safe and healthy workforce free from the influence of substance
abuse. The state's goal is to help employees become drug free
and return to the workforce as productive members. In addition,
the State of Kansas will vigorously comply with the requirements
of the Federal Drug-Free Workplace Act of 1988 and implement
rules promulgated by the United States Office of Management and
It shall be the policy of the State of Kansas to maintain a workforce
free of substance abuse.
- Reporting to work or performing work for the state while impaired
by or under the influence of controlled substances or alcohol
- The unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the workplace,
or while the employee is on duty, official state business or
- Violation of such prohibitions by an employee is considered
conduct detrimental to state service and may result in a referral
to the Employee Assistance Program or discipline in accordance
with K.S.A. 75-2949d, or other appropriate administrative regulations.
- Employees are required by federal law to notify the employing
state agency head in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later
than five calendar days after such conviction.
- An employee who is convicted of violating any criminal
drug statute in such workplace situations as stated above
will be subject to discipline in accordance with K.S.A.
75-2949d, or other appropriate administrative regulations.
- A conviction means a finding of guilt (including a plea
of nolo contendere) or the imposition of a sentency by
a judge or jury, or both, in any federal or state court.
- Agencies that receive federal grants or contracts must, in
turn, notify federal granting agencies in writing, within ten
calendar days of receiving notice from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title to every
grant officer or other designee on whose grant activity the convicted
employee was working unless the Federal agency has designated
a central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant.
- Employees will be given a copy of the Substance Abuse Policy.
Employees will be informed that they must abide by the terms
of the policy as a condition of employment and of the consequences
of any violation of such policy.
Notification of this policy is required as part of new employee orientation.
The Substance Abuse Policy
Affirmation Form (pdf) is
required for all new employees appointed on or after the effective date of
this policy. Refusal by a new employee to sign the Substance Abuse Policy
Affirmation form should be documented by the employing state agency.
The State of Kansas
Employee Assistance Program is available to state employees
and their families for substance abuse education, counseling
or rehabilitation. The State of Kansas encourages voluntary treatment
for substance abuse. Use of the Employee Assistance Program is
governed by Division of Personnel
Services Bulletin No. 97-01 and related civil service statutes
and administrative regulations.
The State of Kansas will strive to educate employees about the
dangers of substance abuse.
The State of Kansas will establish a Substance Abuse Awareness
Program to assist employees to understand and avoid the perils
of drug and alcohol abuse. The state will use the program in an
ongoing educational effort to prevent and eliminate substance abuse
that may affect the state workforce.
The Substance Abuse Awareness Program will contain provisions
to inform employees about the (1) dangers of alcohol and drug abuse;
(2) State of Kansas Substance Abuse Policy; (3) availability of
treatment and counseling for employees who voluntarily seek such
assistance; and (4) sanctions the state will impose for violations
of its Substance Abuse Policy.
This Substance Abuse Policy applies to all state agencies. The
term employees, as used in this Substance Abuse Policy, means all
classified and unclassified state employees including student employees
at the Regent's institutions. This policy shall not be construed
to prohibit or limit the Drug Screening Program for designated
positions authorized by K. S. A. 75-4362, K. S. A. 75-4363 and
related administrative regulations and policies, or the Alcohol
and Drug Testing Program for Commercial Drivers established by
K. A .R. 1-2-20, 1-6-33, 1-9-25 and 1-9-26.
This Substance Abuse Policy is effective May 31, 1989.