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Arkansas - STATE LAWS

Workplace drug testing issues – State Laws – Arkansas

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Arkansas

Instant or POCT Testing

Restrictions

Voluntary program for workers comp discount requires SAMHSA Lab and urine testing.

Drug Panels

No Restrictions

Recommend following SAMHSA guidelines. Voluntary program for workers comp discount requires SAMHSA DOT LIKE 5 panel.

Laboratory

Restrictions

Licensed by state and in compliance with SAMHSA, CAP, or other state-recognized certification. Voluntary program for workers comp discount requires SAMHSA Lab.

Medical Review Officer (MRO)

See comments, required for State program.

Use of MRO highly recommended to avoid liability in your drug testing program. Voluntary program for workers comp discount requires MRO.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Comments

Reasonable Suspicion

No Restrictions

Document carefully

Oral Fluids

Restrictions

Voluntary program for workers comp discount requires SAMHSA Lab and urine testing.

Hair Testing

Restrictions

Voluntary program for workers comp discount requires SAMHSA Lab.

Unemployment Denial

Yes, address in company policy

Discharge for misconduct, address misconduct in drug testing policy. If an individual is discharged for testing positive for an illegal drug pursuant to a United States Department of Transportation-qualified drug screen conducted in accordance with the employer's bona fide written drug policy, the individual is disqualified.

Workers Comp Discount

Yes

Employers who establish a drug-free workplace program which meets the requirements of AWCC Rule 099.36 are eligible to receive an additional benefit: 5% credit on their workers' compensation insurance premium. § 11-14-101

Intoxication Defense

Yes, available

"Compensable injury" does not include Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders.

Medical Marijuana

Yes

. Issue 6 passed in November, 2016. It does not require an employer to accommodate the ingestion of marijuana in the workplace or an employee working while under the influence of marijuana.

Recreational Marijuana

No

Report Driver DOT Positives

Yes

Requires both employers (motor carriers) and MROs to report positive alcohol tests, verified positive drug tests, and refusals to test on DOT testing of AR CDL holders. All reporting is done via a subscription web-based reporting system. AR Motor carriers and MROs must register with the AR Department of Finance and Administration, Office of Driver Services.

General Statute

It is the intent of the Arkansas General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. A voluntary program rewards employers who apply and maintain a drug-free workplace program with incentives such as discounts on employees’ compensation insurance premium - . § 36 A Voluntary Program for Drug-Free Workplace.

Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

For the Arkansas voluntary drug free workplace program, instant drug testing or POCT is prohibited.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Arkansas

AWCC Rule 099.36

§ 11-14-101