Drug-free workplace - Arkansas

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Arkansas Voluntary Drug Testing Program

The Arkansas Voluntary Drug Testing Program is a voluntary law that provides a premium credit on workers' compensation insurance to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act. The Act is comprehensive and requires various types of drug and alcohol testing in order to qualify for the benefits. A comprehensive written policy must be implemented and U.S. Department of Transportation drug testing procedures must be followed. The state law does NOT include a provision for random testing. Employees not in safety sensitive positions may be tested for alcohol only for reasonable suspicion.

State

Contacts

Arkansas Department of Labor

Regulations

Arkansas Voluntary Drug Testing Program

Arkansas Code §11-14-101 et seq.

There are additional guidelines in Administrative Rule 36 in the Arkansas Register

Federal

Contacts

Drug-Free Workplace Act

U.S. Department of Labor

Drug Testing Rules

U.S. Department of Transportation

Regulations

Drug-Free Workplace Act Of 1988

United States Code at 41 U.S.C. 8101-8106

DOT Drug Testing Rules

49 CFR Part 40

49 CFR Part 382