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Summary of differences between federal and state regulations
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 the employer must notify employees that it is a condition of employment for an employee to refrain from reporting to work with the presence of drugs or alcohol in the employee’s body. If an injured employee refuses to submit to a test for drugs or alcohol, the employee may be denied certain workers’ compensation benefits. U.S. Department of Transportation drug testing procedures must be followed. The state law does not require random testing, but doesn’t preclude it, either. Employees not in safety sensitive positions may be tested for alcohol only for reasonable suspicion.
Workers’ compensation
The Arkansas workers' compensation law denies benefits when an accident is substantially caused by the use of alcohol, illegal drugs or prescription drugs use in contravention of physician's orders. The presence of any of these in the claimant's body creates a rebuttable presumption that the accident was substantially occasioned by the use of such substances.
Unemployment compensation
The Arkansas unemployment compensation law provides that an employee may be denied benefits if an individual is discharged for drinking on the job or reporting for work while under the influence of intoxicants, including a controlled substance; if discharged for testing positive for an illegal drug.
Paying for drug tests
Employers may not deduct the cost of a medical exam or drug test required by the employer. However, if an employee tests positive for an illegal drug, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment.
Marijuana testing
When an individual has a medical marijuana card, a positive drug test generally cannot be the sole basis for a good faith belief that the individual used marijuana while at work or was under the influence of marijuana at work. An employer may exclude or remove an employee from a safety sensitive position based on the employer’s good faith belief that the employee was engaged in the current use of marijuana.
State
Contacts
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
Workers’ compensation
Arkansas Code §11-9-102(4)(B)(iv).
Unemployment compensation
Ark. Code §11-10-514(b)
Paying for drug tests
§11-3-203. Medical examination as condition for employment
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document