Arkansas – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Summary
All types of testing with no restrictions. All testing procedure
2) Workers Compensation Voluntary Premium Reduction State (if yes see below)
3) Employers Covered by Federal Drug Free Workplace Act
4) State Constitution Privacy Provision
5) Penalties and Remedies for Employer Non-Compliance
6) Significant Testing Restrictions
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
No. Only under the Workers Compensation Voluntary Premium Reduction Law
9) Worker’s Compensation Disqualification Laws
10) Unemployment Compensation Disqualification Laws
11) Alcohol Cut-off Levels
DOT Levels
12) Substances Allowed for Testing
(1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates
· Substances Cut-off Levels
DOT Standards
13) Drug Specimen Types
Any tissue, fluid or human body product capable of presence of drugs
14) Types of Drug Testing and Restrictions
· Pre Employment
Required under Workers’ Compensation Voluntary Premium Reduction Law
· Reasonable Cause
Required under Workers’ Compensation Voluntary Premium Reduction Law
· Random
Required under Workers’ Compensation Voluntary Premium Reduction Law
· Post Accident
Required under Workers’ Compensation Voluntary Premium Reduction Law
· Follow-up Testing
Required under Workers’ Compensation Voluntary Premium Reduction Law
15) Restrictions on Types of Workplace Drug Tests
16) Collection Procedures
· Generally
· Observed Collections
DOT Standards
· Split Specimen
17) Drug Testing Falsification Law
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
20) Laboratory Based Testing
· Laboratory Certifications
State licensed and SAMHSA. Employer shall test for DOT drugs and alcohol
· Oral Fluids
· Hair Testing
21) Notification of Test Results
Positive results must be communicated to employees and job applicants in writing
22) Rehabilitation Requirements
Required under Workers’ Compensation Premium Reduction Law
23) Retest Required
Yes within 5 day of notification of positive result
24) Wage Payment Requirements
Employer’s Responsibility
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
33) Workers Compensation Premium Reduction Statute Citation
· Amount of Premium Reduction
· Written Drug Testing Policy Requirements
1.  General statement of the employer’s policy on drug and alcohol use.  2. Statement regarding the drug-free work place law.  3. Statement regarding confidentiality.  4. Procedure for notifying the MRO of the use of medication, but only after the individual has tested positive.  5. The consequence for refusing to submit an alcohol or drug test.  6. List of Employee Assistance Programs.  7. Statement of the procedure for contesting a confirmed positive test result.  8. List of drug for which the employee may be tested for.  9. Notice that the employee must notify the laboratory of any administrative or civil action brought under the law.  10. Statement regarding any applicable collective bargaining agreement.
· Specifies Testing Circumstances
· Specimen Type and Panels
Any tissue, fluid, or human body product capable of revealing the presence of drugs; 5 Panel
· Who Pays for Testing Costs
Employer’s Responsibility
· Timing of Testing
· Laboratory Requirements Generally
State licensed and SAMHSA. Employer shall test  for DOT drugs and alcohol
· Training Requirements
Supervisor training and each year, covered employers must provide at least two (2) hours of workplace substance abuse recognition training (at least one (1) hour each for alcohol and drug use).  Training should include:  recognizing the sign of substance abuse in the workplace, how to document and corroborate signs of employee substance abuse, and how to refer substance abusing employees to proper providers for treatment
· Collection Procedure Required
In accordance with DOT procedures
· MRO Review Requirements
Yes. Requires employer to use MRO in compliance with DOT rules.
· Positive Result Notification Requirements
Must be communicated to employee or job applicant in writing
· Confidentiality Requirements
All information received by employer through testing is confidential
· EAP Requirements
· Recordkeeping Requirements
· Re-Testing Required
Yes within 5 day of notification of positive result
· Employee Opportunity to Explain
May contest or explain the result within 5 working days of receiving the test result
· Application Submission to State

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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia. or call 334-246-2901

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. or 214-697-1249

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