(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.