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Akr. Code Ann. §§ 27-23-201 through -211

Akr. Code Ann. §§ 27-23-201 through -211 – Motor Carriers

27-23-201.  Title.

  This subchapter is known and may be cited as the "Commercial Driver Alcohol and Drug Testing Act".

27-23-202.  Definitions.

  (a) As used in this subchapter:

   (1)  (A)  (i) "Consortium/third-party administrator" means a service agent that provides or coordinates the provision of drug and alcohol testing services to employers that are required to comply with the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.

         (ii) A consortium/third-party administrator performs tasks concerning the operation of an employer's drug and alcohol testing programs.

      (B) "A consortium/third-party administrator" includes without limitation, groups of employers who join together to administer, as a single entity, the drug and alcohol testing programs of its members that are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.

      (C) A consortium/third-party administrator is not an "employer" for purposes of this subchapter;

   (2)  (A) "Employee" means a person who is a holder of an Arkansas commercial driver license and is subject to drug and alcohol tests under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.

      (B) "Employee" includes an individual currently performing safety-sensitive transportation jobs and an applicant for employment in safety-sensitive transportation jobs subject to preemployment testing; and

   (3)  (A) "Employer" means an Arkansas person or entity employing one (1) or more employees subject to the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.

      (B) "Employer" includes:

         (i) An individual who holds an Arkansas commercial driver license who is self-employed in a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009; and

         (ii) An Arkansas employer's officer, representative, or management personnel.

(b) Except as provided in this subchapter, the definition under 49 C.F.R. § 40.3, as in effect on January 1, 2009, applies to a term that is used in this subchapter if that term is defined under 49 C.F.R. § 40.3, as in effect on January 1, 2009


27-23-203.  Applicability -- Exemptions.

  (a) This subchapter applies to:

   (1) An Arkansas employer who is required to comply with the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009;

   (2) An employee who holds an Arkansas commercial driver license and who either:

      (A) Is employed by an Arkansas employer in a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009; or

      (B) Has submitted an application for employment with an Arkansas employer for a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009; and

   (3) A consortium/third-party administrator that provides or coordinates the provision of drug and alcohol testing services to Arkansas employers that are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.

(b) This subchapter does not apply to an individual who is exempt from holding a commercial driver license notwithstanding whether the individual holds a commercial driver license.

27-23-204.      Testing.
An Arkansas employer shall test an employee for alcohol and drugs if this subchapter applies to both the Arkansas employer and employee under § 27-23-203(a)(1) and (2)

27-23-205.  Reporting test results.

  (a) An Arkansas employer shall report to the Office of Driver Services within three (3) business days the results of an alcohol screening test that is performed on an employee who holds an Arkansas commercial driver license if:

   (1) The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and

   (2) One (1) of the following occurs regarding the alcohol screening test:

      (A) A valid positive result; or

      (B) The refusal to provide a specimen for an alcohol screening test.

(b) An Arkansas employer shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an employee who holds an Arkansas commercial driver license:

   (1) A valid positive result on a drug test for any of the following drugs:

      (A) Marijuana metabolites;

      (B) Cocaine metabolites;

      (C) Amphetamines;

      (D) Opiate metabolites; or

      (E) Phencyclidine (PCP);

   (2) The refusal to provide a specimen for a drug test; or

   (3) The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.

(c) A consortium/third-party administrator shall report to the office within three (3) business days the results of an alcohol screening test that is performed on an Arkansas employer or employee who holds an Arkansas commercial driver license if:

   (1) The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and

   (2) One (1) of the following occurs regarding the alcohol screening test:

      (A) A valid positive result; or

      (B) The refusal to provide a specimen for an alcohol screening test.

(d) A consortium/third-party administrator shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an Arkansas employer or employee who holds an Arkansas commercial driver license:

   (1) A valid positive result on a drug test for any of the following drugs:

      (A) Marijuana metabolites;

      (B) Cocaine metabolites;

      (C) Amphetamines;

      (D) Opiate metabolites; or

      (E) Phencyclidine (PCP);

   (2) The refusal to provide a specimen for a drug test; or

   (3) The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.
27-23-206.  Maintenance of information -- Confidentiality.

  (a) The Office of Driver Services shall maintain the information provided under this section in a database to be known as the "Commercial Driver Alcohol and Drug Testing Database" for at least three (3) years.

(b) Notwithstanding any other provision of law to the contrary, personally identifying information of employees in the Commercial Driver Alcohol and Drug Testing Database is confidential and shall be released by the office only as provided under § 27-23-207.

(c) The use of one (1) report generated from the Commercial Driver Alcohol and Drug Testing Database to establish noncompliance for the imposition of a penalty under § 27-23-209 shall not subject the contents of the entire database to disclosure.


27-23-207.  Use of database by employers.

  (a) An Arkansas employer shall submit a request for information from the Commercial Driver Alcohol and Drug Testing Database for each employee who is subject to drug and alcohol testing under this subchapter.

(b) The request for information shall be submitted to the Office of Driver Services by the Arkansas employer with an authorization that is signed by the employee.

(c)  (1)  (A) The fee for the request for information is a nominal fee not to exceed one dollar ($1.00) per employee per request.

      (B) The office shall determine the amount of the fee.

      (C) The office shall set the fee before implementation by rule.

   (2) The fee shall be assessed to and paid by the Arkansas employer requesting the information.

(d) The Arkansas employer shall maintain a record of the report from the Commercial Driver Alcohol and Drug Testing Database that results from the request for information submitted under this section for at least three (3) years.


27-23-208.  Use of database by an employee.

  (a) An employee who holds a commercial driver license may submit a request for information from the Commercial Driver Alcohol and Drug Testing Database for his or her report.

(b) The request for information shall be submitted with a signed authorization to the Office of Driver Services by the employee who holds a commercial driver's license.

(c)  (1) The fee for the request for information is one dollar ($1.00) per request.

   (2) The fee shall be submitted with the signed authorization.
27-23-209.  Penalties.

  (a)  (1) The penalty for an Arkansas employer who knowingly fails to check the Commercial Driver Alcohol and Drug Testing Database as required under this subchapter is one thousand dollars ($1,000).

   (2) The penalty described in subdivision (a)(1) of this section shall be assessed beginning July 1, 2008.

(b)  (1) Except as provided under subdivision (b)(2) of this section, the penalty for an Arkansas employer who knowingly hires an employee with a record of a positive alcohol or drug test in the Commercial Driver Alcohol and Drug Testing Database is five thousand dollars ($5,000).

   (2) This subsection does not apply to an employee who has completed a treatment program or an education program prescribed by a substance abuse professional and who has been found eligible to return to duty by the employer as provided under 49 C.F.R. §§ 40.281 -- 40.313, as in effect on January 1, 2009.

(c) The penalty for an Arkansas employer who knowingly fails to report an occurrence regarding an alcohol or drug screening test as required under § 27-23-205(a) or § 27-23-205(b) is five hundred dollars ($500).

(d)  (1) The penalty for a consortium/third-party administrator who knowingly fails to report an occurrence regarding a drug or alcohol test result as required under § 27-23-205(c) or (d) is five hundred dollars ($500).

   (2) If the consortium/third-party administrator is out of state, the penalty under subdivision (d)(1) of this section shall be extended to the Arkansas employer that contracted with the consortium/third-party administrator.

(e) The penalties under this section do not apply to the State of Arkansas, an agency of the state, or a political subdivision of the state.

(f) Moneys collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the
State Highway
and Transportation Department Fund



27-23-210.  Miscellaneous authority -- Rules.

  (a) The Office of Driver Services shall pursue grants available through the United States Department of Transportation or other entity to assist with the cost of this program.

(b) The office may:

   (1) Adopt rules to administer this subchapter;

   (2) Receive and expend any moneys arising from grants, contributions, or reimbursements from the United States Department of Transportation or other entity for performing its duties under this subchapter; and

   (3) Contract with a third party to administer the Commercial Driver Alcohol and Drug Testing Database.



27-23-211.      Immunity from civil liability.
The state or any entity required to perform duties under this subchapter shall be immune from civil liability for performing the duties required under this subchapter

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