Kan. Admin. Regs. § 82-4-3b - Procedures for transportation workplace drug and alcohol testing programs
(a)
(1)
With the exceptions specified in this subsection, 49 C.F.R. Part 40, as in
effect on October 1, 2022, is hereby adopted by reference.
(2) The following revisions shall be made to
49 C.F.R. 40.3:
(A) In the definition of "DOT,
The Department, DOT agency," the phrase "the Kansas Corporation Commission and"
shall be added after "these terms encompass."
(B) In the definition of "Employee,'' the
term "U.S.'' shall be inserted before the phrase "Department of Health and
Human Services.''
(C) In the
definition of "HHS,'' the phrase "U.S.'' shall be added before the phrase
"Department of Health and Human Services'' in both instances.
(D) The following definition of "special
agent or authorized representative'' shall be added after the definition of
"Shipping container":
"Special agent or authorized representative' means an authorized representative of the commission, and members of the Kansas highway patrol or any other law enforcement officer in the state who is certified in the inspection of motor carriers based on the motor carrier safety assistance program standards."
(4) In 49 C.F.R. 40.21,
paragraphs (b), (c), and (d) shall be deleted. In paragraph (e), the text "and
DOT agency drug testing regulations" and "by the DOT agency just as you are for
other violations of this part and DOT agency rules" shall be deleted.
(5)
49 C.F.R. 40.26 shall be deleted and
replaced by the following: "Management information system ("MIS") data shall be
reported to the commission within 10 days of the commission's request for the
information. MIS data shall be reported in a certified form acceptable to the
commission. A certified form acceptable to the commission shall include the
following information:
"(a) Information
regarding the employer, including:
"(1) The
name of the employer's business and, if applicable, the name it does business
as;
"(2) the company's physical
address and, if applicable, e-mail address;
"(3) the printed name and signature of the
company's official certifying the MIS data;
"(4) the date the MIS data was
certified;
"(5) the name and
telephone number of the person preparing the form, if it is different from the
person certifying the MIS data;
"(6) the name and telephone number of the
C/TPA, if applicable; and
"(7) the
employer's motor carrier identification number.
"(b) Information regarding the covered
employees, including:
"(1) the total number of
safety-sensitive employees in all categories;
"(2) the total number of employee
categories;
"(3) the name of the
employee category or categories; and
"(4) the total number of employees for each
category.
"(c)
Information regarding the drug testing data, including:
"(1) The type of test, which includes:
"(A) Pre-employment;
"(B) random;
"(C) post-accident;
"(D) reasonable suspicion or cause;
"(E) return-to-duty; and
"(F) follow-up.
"(2) The number of tests by result,
including:
"(A) Total number of test
results;
"(B) verified negative
results;
"(C) verified positive
results for one or more drugs;
"(D)
positive for marijuana;
"(E)
positive for cocaine;
"(F) positive
for PCP;
"(G) positive for
opiates;
"(H) positive for
amphetamines;
"(I) canceled
results; and
"(J) refusal results,
including:
"(i) Adulterated;
"(ii) substitutes;
"(iii) shy bladder with no medical
explanation; and
"(iv) other
refusals to submit to testing.
"(d) Information regarding alcohol testing
data, including:
"(1) The type of test,
including the same types as listed in paragraph (c)(1) above;
"(2) the number of tests by results,
including:
"(A) total number of screen test
results;
"(B) screening tests with
results below 0.02;
"(C) screening
tests with results of 0.02 or greater;
"(D) number of confirmation test
results;
"(E) confirmation tests
with results of 0.02 through 0.039;
"(F) confirmation tests with results of 0.04
or greater;
"(G) canceled results;
and
"(H) refusal results,
including:
"(i) Shy lung with no medical
explanation; and
"(ii) other
refusals to submit to
testing.''
(6)
49 C.F.R. 40.29 shall be
deleted.
(7)
49 C.F.R. 40.37 shall
be deleted.
(8) Subparts D through
F shall be deleted.
(9) The
following changes shall be made to Subpart H:
(A) In 49 C.F.R. 40.171, paragraphs (b)(2)
and (c) shall be deleted.
(B) In 49 C.F.R. 40.173 (a), the phrase "functions noted in "40.175"40.185" shall be
replaced by "split specimen testing."
(10)
The following changes shall be made to Subpart I:
(A) In 49 C.F.R. 40.191, the following
changes shall be made:
(i) In paragraph
(a)(1), "(see 40.61(a))" shall be deleted.
(ii) In paragraphs (a)(2) and (a)(3), "(see
40.63(c))" shall be deleted.
(iii)
In paragraph (a)(4), "(see 40.67(1) and 40.69(g))" shall be deleted.
(iv) In paragraph (a)(5), "(see
40.193)(d)(2))" shall be deleted.
(v) In paragraph (a)(7), "under 40.193(d)"
shall be deleted.
(vi) Paragraph
(d) shall be deleted.
(B)
In 49 C.F.R. 40.193, the following changes shall be made:
(i) Paragraphs (a) through (h) shall be
deleted.
(ii) In paragraph (i), the
phrase "as provided in paragraph (d)(1) of this section" shall be replaced by
"because a medical condition has, or with a high degree of probability could
have, precluded the employee from providing a sufficient amount of
urine."
(C)
49 C.F.R. 40.195 shall be deleted.
(D) The
following changes shall be made to 49 C.F.R. 40.197:
(i) In paragraph (b)(2)(i), "(see 40.67(b)
and (c))" shall be deleted.
(F) The following
changes shall be made to 49 C.F.R. 40.209:
(i)
In paragraph (b)(4), "(see 40.61(a))" shall be deleted.
(ii) Paragraph (b)(7) shall be
deleted.
(G) In 49 C.F.R. 40.210, the sentences "Only urine specimens screened and confirmed at HHS
certified laboratories (see §40.81) are allowed for drug testing under
this part. Point-of-collection urine testing or instant tests are not
authorized." shall be deleted.
(12) The following changes shall be made to
Subpart K:
(B)
In 49 C.F.R. 40.227, the phrase "in accordance with 40.271(b)" shall be
deleted.
(13) Subparts L and M shall be
deleted.
(14) The following changes
shall be made to Subpart N:
(A) The following
changes shall be made to 49 C.F.R. 40.261:
(i)
In paragraph (a)(1), "(see 40.241(a))" shall be deleted.
(ii) In paragraph (a)(2), "(see 40.243(a))"
shall be deleted.
(iii) In
paragraph (a)(3), "(see 40.243(a))" shall be deleted.
(iv) In paragraph (a)(6), "(see 40.241(g) and
40.251(d))" shall be deleted.
(v)
Paragraph (c) shall be deleted.
(B)
49 C.F.R. 40.263 shall be
deleted.
(C) In 49 C.F.R. 40.265,
paragraphs (a) and (b) shall be deleted.
(E) In 49 C.F.R. 40.273, paragraph (c) shall be deleted.
(15) The following changes shall be made to
Subpart O:
(A)
49 C.F.R. 40.281 through 49 C.F.R. 40.283 shall be deleted. Each motor carrier shall use a U.S.
DOT-certified substance abuse professional.
(D)
49 C.F.R. 40.307 shall be
deleted.
(17) Subparts Q and R shall be
deleted.
(18) In 49 C.F.R. Part 40, Appendix A through Appendix H shall be deleted.
(19) All sections marked "reserved" shall be
deleted.
(b) As used in
this regulation, each reference to a portion of 49 C.F.R. Part 40 shall mean
that portion as adopted by reference in this regulation.
(c) Whenever the federal regulations adopted
in this regulation refer to portions of the federal regulations or other
operating standards that are not already adopted by reference in article 4 of
the commission's regulations, the references shall not be applicable to this
regulation unless otherwise specifically adopted.
Notes
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