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Arkansas Drug Testing Compliance

Capital Little Rock Population 2,988,248
Largest city Little Rock
Area 53,180 sq mi
Criminal rate 55 crimes /10,000 people Time Zone UTC −6/−5

Arkansas Employee Background Check Laws

Arkansas

Legal status for workplace drug screening and alcohol testing

Our intent is to make Arkansas drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Arkansas.

Arkansas is a voluntary drug-free workplace state. Employers who establish a drug-free workplace program that is certified by the state’s labor department can qualify for a discount on their workers’ compensation insurance premiums.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements for employer drug screening policy in Arkansas.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Applicant testing for drugs is required. Reasonable Suspicion within 24 hours of report/observation, Post-Accident when injury follows DOT procedures.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: There are no current limitations; although many employers follow the federal guidelines to test for Amphetamines, cocaine, marijuana, opiates, and PCP.
Q5: Are there any state requirements or limitations for specific notice of result?
A: This state’s rules do not limit disclosure of test results. However, it is advisable to limit disclosure.
Q6: Is it required to use a Certified Laboratory?
A: Strongly encouraged given the restrictions in some cities for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: Alcohol testing is optional.

Did you know?

Q1. Are there employer restrictions regarding testing for marijuana?

Correct!

Answer is “Yes”

 

Employers are limited in actions that are based solely on an employee’s status as a certified medical marijuana user or where adverse action is based solely on a positive marijuana test result.

Arkansas Drug & Alcohol Testing Laws

On November 8, 2016, by a vote of 53.11% the Arkansas Medical Marijuana Amendment of 2016, also known as Issue 6, was approved.

An employer shall not discriminate against an applicant or employee in hiring, termination, or any term or condition of employment, or otherwise penalize an applicant or employee, based upon the applicant’s or employee's past or present status as a qualifying patient or designated caregiver.

Arkansas employers who have a drug-free workplace program are required to drug test applicants. More limited testing is allowed if it is conducted based on reasonable classifications of job positions. The following circumstances must be tested:

  • After an accident that results in injury
  • Reasonable suspicion of drug use
  • As part of a routinely scheduled fitness-for-duty medical examination, and
  • As a follow-up to a required rehabilitation program.

The Department of Health website states:

“Please be aware, however, that at this time, the Department is not issuing permits, taking names or applications, or otherwise authorizing the use of marijuana. Use of marijuana under circumstances outside the limits of the amendment is still illegal in Arkansas.” (03/19/2017)

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Arkansas Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Arkansas personal and medical use of marijuana.

Medical Use: In 2017 Arkansas voters approved medical marijuana for certain medical condition, but has not yet been implemented due to legal issues.

This state’s legislature has authorized the medical use of marijuana that employers should be aware of. The law prohibits employers from discriminating against individuals with past or present status as a patient or caregiver.

Personal Use: No law exists in Arkansas authorizing personal use of marijuana.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: Aug 2018

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Cristina Barbuto Vs. Advantage Sales and Marketing, LLC. SJC-12226

  1. Handicap Discrimination
  2. Medical marijuana act

Reversed the judge’s allowance of the motion to dismiss the claim for handicap discrimination and the related claims under G. L. C. 151B

Case was sent to Superior court for further proceedings.

Update: November 2017

TO PAGETOP