State of Kansas Substance Abuse
Policy
Purpose
- 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 Budget.
Policy
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 is
prohibited.
- 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 stand-by-duty.
- 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.
Assistance
Program
The LIFELINE
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.
Awareness Program
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.
Applicability
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.
Effective Date
This Substance Abuse Policy is effective May 31, 1989.