Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-3b - Procedures for transportation workplace drug and alcohol testing programs

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) With
			 the exceptions specified in this subsection, 49 C.F.R. Part 40, as in effect on
			 October 1, 2018, 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."
(3)
									49 C.F.R. 40.5 and  49  C.F.R. 40.7 shall
			 be deleted.
(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 resulting 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."
(C)
										49 C.F.R. 40.175 through  49  C.F.R. 40.189
			 shall be deleted.
(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)(6), "(see, for instance,
			 40.197(b))" shall be deleted.
(vi)
			 In paragraph (a)(7), "under 40.193(d)" shall be deleted.
(vii) 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)(1), "(see 40.155(c))"
			 shall be deleted.
(ii) In paragraph
			 (b)(2)(i), "(see 40.67(b) and (c))" shall be deleted.
(E)
										49 C.F.R. 40.199 through  49  C.F.R. 40.205
			 shall be deleted.
(F) The following
			 changes shall be made to  49 C.F.R. 40.209:
(i)
			 In paragraph (b)(3), "(see 40.33)" shall be deleted.
(ii) In paragraph (b)(4), "(see 40.61(a))"
			 shall be deleted.
(iii) In
			 paragraph (b)(5), "(see 40.121(a) through (b))" and "(see 40.121(c) through
			 (e))" shall be deleted.
(iv)
			 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.
(11) In Subpart J,  49 C.F.R. 40.211 and  49  C.F.R. 40.217 shall be deleted.
(12) The following changes shall be made to
			 Subpart K:
(A)
										49 C.F.R. 40.221 through  49  C.F.R. 40.225 shall be deleted.
(B)
			 In  49 C.F.R. 40.227, the phrase "in accordance with 40.271(b)" shall be
			 deleted.
(C)
										49 C.F.R. 40.229 through  49  C.F.R. 40.235 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)(4), "(see 40.265(c))"
			 shall be deleted.
(v) In paragraph
			 (a)(5), "(see 40.265(c))" shall be deleted.
(vi) In paragraph (a)(6), "(see 40.241(g) and
			 40.251(d))" shall be deleted.
(vii)
			 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.
(D)
										49 C.F.R. 40.267 through  49  C.F.R. 40.271
			 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.
(B)
										49 C.F.R. 40.291 through  49  C.F.R. 40.293
			 shall be deleted.
(C)
										49 C.F.R. 40.299 through  49  C.F.R. 40.303 shall be deleted.
(D)
										49 C.F.R. 40.307  shall be
			 deleted.
(E)
										49 C.F.R. 40.311 and  40.313  shall be deleted.
(16) In Subpart P,  49 C.F.R. 40.327 and  49  C.F.R. 40.329 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.