Substance Abuse Policy

Prohibits an employee from working under the influence of illicit or prescribed drugs.  The policy is an office of personnel services policy enforced in the Department of Agriculture.


Statement of Policy

Employees are the State of Kansas' most valuable resource and, therefore, their health and safety is a 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. Furthermore, employees have a right to work in an environment free of substance abuse and with persons free from the effects of drug or alcohol abuse. It shall therefore be the policy of the State of Kansas to maintain a workforce free of substance abuse.

A. Reporting to work or performing work for the state while impaired by or under the influence of controlled substances or alcohol is prohibited. B. 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.

C. 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 and K.A.R.

1-10-6, or other appropriate administrative regulations.

D. 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.

(1) 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 and K.A.R. 1-10-6, or other appropriate administrative regulations.

(2) A conviction means a finding of guilt (including a plea of nolo contendre) or the imposition of a

sentence by a judge or jury, or both, in any federal or state court.

E. 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.

F. 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.