(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 to:
(1) Standards for licensing drug and alcohol testing laboratories
and suspension and revocation of such licenses;
(2) Body specimens and minimum specimen amounts that are
appropriate for drug or alcohol testing;
(3) Methods of analysis and procedures to ensure reliable
drug or alcohol testing results, including the use of breathalyzers
and standards for initial tests and confirmation tests;
(4) Minimum cut-off detection levels for alcohol, each drug,
or metabolites of such drug for the purposes of determining a positive
test result;
(5) Chain-of-custody procedures to ensure proper identification,
labeling, and handling of specimens tested; and
(6) Retention, storage, and transportation procedures to
ensure reliable results on confirmation tests and retests.
(b) The director is authorized to adopt relevant federal
rules concerning drug and alcohol testing as a minimum standard
for testing procedures and protections. All such rules shall be
promulgated in accordance with the Arkansas Administrative Procedure
Act, § 25-15-201 et seq.
(c) The director shall consider drug testing programs and
laboratories operating as a part of the Forensic Urine Drug Testing
Programs of the College of American Pathologists in issuing guidelines
or promulgating rules relative to recognized authorities in drug
testing.
(d) The director is authorized to set education program
requirements for drug-free workplaces by rules promulgated in accordance
with the requirements of the Arkansas Administrative Procedure
Act, § 25-15-201 et seq. The requirements shall not be more
stringent than the federal requirements for workplaces regulated
by Department of Transportation rules.
History. Acts 1999, No. 1552, § 11.
