Kan. Admin. Regs. § 82-11-10
The federal regulations titled "drug and alcohol testing," 49 C.F.R. Part 199 as in effect October 1, 2018, excluding sections labeled "reserved," are hereby adopted by reference only as they apply to operators of pipeline facilities that deal in the transportation of natural gas by pipeline, with the following modifications:
(c) 49 C.F.R. 199.2 shall be deleted and replaced by the following:
"(a) This part applies to operators of intrastate natural gas pipelines within the state of Kansas.
"(b) This part does not apply to covered functions performed on:
"(1) Master meter systems, as defined in K.A.R. 82-11-3; or
"(2) pipeline systems that transport only petroleum gas or petroleum gas/air mixtures."
(d) 49 C.F.R. 199.3 shall be deleted and replaced by the following: "As used in this part:
"(a) 'accident' means an incident involving gas pipeline facilities or liquefied natural gas facilities reportable under K.A.R. 82-11-3;
"(b) 'administrator' means the Administrator, Pipeline and Hazardous Materials Safety Administration;
"(c) 'covered employee, employee, or individual to be tested' means a person who performs a covered function, including persons employed by operators, contractors engaged by operators, and persons employed by such contractors;
"(d) 'covered function' means an operations, maintenance, or emergency response function regulated by K.A.R. 82-11-4 and K.A.R. 82-11-8 that is performed on a pipeline or on a liquefied natural gas facility;
"(e) 'DOT Procedures' means the Procedures for Transportation Workplace Drug and Alcohol Testing Programs published by the Office of the Secretary of Transportation in 49 C.F.R. Part 40 as in effect on October 1, 2018;
"(f) 'fail a drug test' means that the confirmation test results show positive evidence under DOT Procedures of a prohibited drug in the employee's system;
"(g) 'operator' means a person who owns or operates pipeline facilities subject to K.A.R. 82-11-1 through K.A.R. 82-11-11;
"(h) 'pass a drug test' means that initial testing or confirmation testing under DOT Procedures does not show evidence of the presence of a prohibited drug in the person's system;
"(i) 'performs a covered function' includes actually performing, ready to perform, or immediately available to perform a covered function;
"(j) 'positive rate for random drug testing' means the number of verified positive results for random drug tests conducted under this part plus the number of refusals of random drug tests required by this part, divided by the total number of random drug tests results (i.e., positives, negatives, and refusals) under this part;
"(k) 'prohibited drug' means any of the following substances specified in Schedule I or Schedule II of the Controlled Substances Act, 21 U.S.C. § 812 -- marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP);
"(l) 'refuse to submit, refuse, or refuse to take' means behavior consistent with DOT Procedures concerning refusal to take a drug test or refusal to take an alcohol test;
"(m) 'state agency' means the state corporation commission of the state of Kansas."
(f) 49 C.F.R. 199.7 shall be deleted and replaced by the following:
"(a) Each operator who seeks a waiver under 49 C.F.R. 40.21 from the stand-down restriction shall submit an application for waiver in duplicate to the gas pipeline safety section of the state agency and the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001;
"(b) If the applicant is granted a waiver pursuant to 49 C.F.R. 40.21, a copy of the waiver shall be submitted to the gas pipeline safety section of the state agency.
"(c) Each operator who seeks a waiver under 49 C.F.R. 40.21 from the stand-down restriction shall provide the gas pipeline safety section of the commission a copy of the associate administrator's decision regarding the waiver within 10 days from the date the operator receives the associate administrator's decision."
(Authorized by and implementing K.S.A. 66-1,150; effective April 16, 1990; amended March 12, 1999; amended July 7, 2003; amended June 26, 2009; amended Aug. 5, 2011; amended Dec. 10, 2021.)