Arkansas

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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.

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