(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
time as set out in § 11-14-106. An employee who is not in
a safety-sensitive position may be tested for alcohol only when
the test is based upon reasonable suspicion. An employee in a safety-sensitive
position may be tested for alcohol use at any occasion described
in §§ 11-14-102 - 11-14-105, inclusive.
(2) In order to qualify as having established a drug-free
workplace program which affords a covered employer the ability
to qualify for the discounts provided under § 11-14-112, all
drug or alcohol testing conducted by covered employers shall be
in conformity with the standards and procedures established in
this chapter and all applicable rules adopted pursuant to this
chapter. If a covered employer fails to maintain a drug-free workplace
program in accordance with the standards and procedures established
in this section and in applicable rules, the covered employers
shall not be eligible for discounts under § 11-14-112. All
covered employers qualifying for and receiving discounts provided
under § 11-14-112 must be reported annually by the insurer
to the Director of the Workers' Health and Safety Division of the
Workers' Compensation Commission.
(b) The director shall adopt a form pursuant to rule-making
authority, which form shall be used by the employer to certify
compliance with the provisions of this chapter. Substantial compliance
in completing and filing the form with the director shall create
a rebuttable presumption that the employer has established a drug-free
workplace program and is entitled to the protection and benefit
of this chapter. Prior to granting any premium credit to an employer
pursuant to § 11-14-112, all insurers shall obtain the form
from the employer.
(c) It is intended that any employer required to test its
employees pursuant to the requirements of any federal statute or
regulation shall be deemed to be in conformity with this section
as to the employees it is required to test by those standards and
procedures designated in that federal statute or regulation. All
other employees of the employer shall be subject to testing as
provided in this chapter in order for the employer to qualify as
having a drug-free workplace program.
History. Acts 1999, No. 1552, § 4.
