Employee Polygraph Protection Act (EPPA) - Arkansas

Summary of differences between federal and state regulations

Polygraph protection

Arkansas does not have state-level polygraph protection requirements. Private-sector employees are provided protection under federal requirements at 29 CFR Part 801.

In Arkansas, all persons must be warned of their legal rights before any psychological evaluation test can be administered. Written authorization must be obtained from the parents before a minor can be tested.

Polygraph examiners

Through the Arkansas Board of Private Investigators and Private Security Agencies, the Arkansas State Police administers licensing functions involving the private security and investigation industry. Polygraph examiners must be licensed. The qualifications for obtaining a license include that the person must be at least 21 years old and a U.S. citizen and must not been convicted of a felony or certain misdemeanors. He or she must hold a baccalaureate degree or have five years of active investigative experience, be a graduate of an approved polygraph examiners course, have completed at least six months of internship training, and pass a Board examination. Applicants must have a surety bond or insurance policy in the amount of $1,000.

Only those instruments that record simultaneous cardiovascular and respiratory response visually and permanently can be used. Instruments can additionally record other physiological changes.

State

Contacts

Polygraph protection

Arkansas Department of Labor, Labor Standards Programs, Wage and Hour Division

Polygraph examiners

Arkansas Board of Private Investigators and Private Security Agencies

Regulations

Polygraph protection

Title 12, Chapter 12, Subchapter 7 of the Arkansas Code

Polygraph examiners

Title 17, Chapter 39, Subchapter 2 of the Arkansas Code

Title 17, Chapter 39, Subchapter 1 of the Arkansas Code

Federal

Contacts

U.S. Department of Labor, Wage and Hour Division

Regulations

29 CFR Part 801 §§801.1 – 801.75