Arkansas State Drug Testing Laws

Workplace Drug Testing Issues – Arkansas State Laws

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

Drug Testing IssueStatusComments
Instant or POCT TestingRestrictionsVoluntary program for workers comp discount requires SAMHSA Lab and urine testing.
Drug PanelsNo RestrictionsRecommend following SAMHSA guidelines. Voluntary program for workers comp discount requires SAMHSA DOT LIKE 5 panel.
LaboratoryRestrictionsLicensed 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 programRequired 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 TestingNo Restrictions
Post-AccidentNo Restrictions
Reasonable SuspicionNo RestrictionsDocument carefully
Oral FluidsRestrictionsVoluntary program for workers comp discount requires SAMHSA Lab and urine testing.
Hair TestingRestrictionsVoluntary program for workers comp discount requires SAMHSA Lab.
Unemployment DenialYes, address in company policyDischarge 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.
Intoxication DefenseYes, availableCompensable 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 MarijuanaYesIssue 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 MarijuanaNo
Report Driver DOT PositivesYesRequires 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


Drug Testing in Arkansas

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Marijuana Laws for Arkansas

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.