Arkansas law states that employment drug testing is not mandatory, but employers may choose to implement a drug-free workplace program. This program, in accordance with § 11-14, allows employers to conduct drug tests under reasonable circumstances only once a policy has been constructed and handed out to all employees/potential employees. An employee/applicant has the right to explain or contest a positive test result within five (5) days of receiving notification of said result. Employers who implement a drug-free workplace program receive a 5% discount on their workers’ compensation premiums.
Can Current Employees be Tested? Yes, employers who voluntarily establish a drug-free workplace are required to conduct tests under the following circumstances:
- job applicants after conditional offer of employment (not required to test for alcohol)
- reasonable suspicion of drug/alcohol use
- employee fitness-for-duty (if mentioned in written policy)
- follow-up upon the release from a rehabilitation center or employee assistance program
- workplace accident resulting in an injury/loss of work time
Aside from the required testing regulations, employers have the right to conduct lawful testing of employees for drugs or alcohol.
Is Certified Testing Required? Yes.
What can be Tested? Tissue, fluid, or product of human body that can reveal the presence of drugs.
Laws – § 11-14 (101-112)
How to Conduct a Legal Drug Test
Step 1 – Any employee or potential employee must sign and submit a Drug Test Release Form to their employer. Once the release form has been received, an employer can test an employee/applicant by procuring one of the following samples:
- Any product of human body capable of revealing the presence of drug or alcohol
Step 2 – According to § 11-14-110, tests must be conducted in laboratories licensed and approved by the Department of Health, or certified by SAMHSA or CAP. A list of certified labs can be found on the SAMHSA website.
Step 3 – Employees/applicants have the right to request the results of a positive drug test. Furthermore, they have the right to contest or explain the results of a positive drug test within five (5) working days after written notification of the results.