(a) It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related […]
As used in this chapter, unless the context otherwise requires: (1) “Alcohol” has the same meaning in this chapter as when used in the federal regulations describing the procedures used for the testing of alcohol by programs operating pursuant to the authority of the United States Department of Transportation, currently compiled at 49 C.F.R. Part […]
(a) This chapter applies to a drug-free workplace program implemented pursuant to rules adopted by the Director of the Workers’ Health and Safety Division of the Workers’ Compensation Commission. (b) The application of the provisions of this chapter is subject to the provisions of any applicable collective bargaining agreement. (c) Nothing in the program authorized […]
(a) (1) A covered employer may test a job applicant for alcohol or for any drug described in § 11-14-102. Provided, for public employees such testing shall be limited to the extent permitted by the Arkansas Constitution and the United States Constitution. A covered employer may test an employee for any drug and at any […]
(a) One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: (1) A general statement of the covered employer’s policy on employee drug or alcohol use, which must identify: (A) The types of drug or alcohol testing an employee or […]
(a) To the extent permitted by law, a covered employer who voluntarily establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests: (1) Job Applicant Drug and Alcohol Testing. A covered employer must require job applicants to submit to a drug test after a conditional offer of employment and […]
(a) All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States Department of Transportation rules for workplace drug and alcohol testing compiled at 49 C.F.R., Part 40. (b) A covered employer may not discharge, discipline, refuse to hire, discriminate […]
(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not by virtue of the result alone be deemed to have a handicap or disability as defined under federal, state, or local handicap and disability discrimination laws. (b) A covered employer who discharges […]
(a) All information, interviews, reports, statements, memoranda, and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings except in accordance with […]
(a) A laboratory may not analyze initial or confirmation test specimens unless: (1) The laboratory is licensed and approved by the Department of Health, using criteria established by the United States Department of Health and Human Services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified […]
(a) The Director of the Workers’ Health and Safety Division of the Workers’ Compensation Commission is authorized to adopt rules, using criteria established by the United States Department of Health and Human Services and the United States Department of Transportation as guidelines, for modeling the state drug and alcohol testing program, concerning, but not limited […]
The Insurance Commissioner shall approve rating plans for workers’ compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the Workers’ Health and Safety Division. The plans must take effect January 1, 2000, must be actuarially sound, and must state […]
