Skip to Content

Arkansas - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Arkansas

Instant or POCT Testing


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.



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


No Restrictions


Reasonable Suspicion

No Restrictions

Document carefully

Oral Fluids


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

Hair Testing


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


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


. 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


Report Driver DOT Positives


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.