Arkansas Alcohol and Drugs laws & HR compliance analysis

Arkansas Alcohol and Drugs: What you need to know

Employers are not legally required to ask employees or job applicants to undergo drug testing. However, an employer may qualify for a 5 percent workers’ compensation insurance premium discount by voluntarily implementing a drug-free workplace program that complies with specific criteria and that is approved by the Workers' Health and Safety Division of the Workers’ Compensation Commission (AR Code Sec. 11-14-101 et seq.). Positive results may lead to termination and forfeiture of workers’ compensation medical and indemnity benefits. The program requires employers to notify all employees that it is a condition of employment for employees to refrain from reporting to work or working with the presence of alcohol or drugs in the body, and if an injured employee refuses to submit to a drug or alcohol test, the employee will forfeit eligibility for medical and indemnity benefits.
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State law also requires employers that wish to be classified as having an approved drug-free workplace program to comply with specific standards, including:
Applicants. Employers must require job applicants to submit to a drug test after a conditional offer of employment and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. An employer may test job applicants for alcohol, but is not required to, following a conditional offer of employment. Testing of public employees is limited to the extent permitted by the state and federal constitutions.
Employees. An employer must require an employee to submit to a drug test on the basis of reasonable suspicion, as part of a routinely scheduled fitness-for-duty medical exam, as a follow-up to a rehabilitation program, ...

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