Drug and Alcohol Free Workplace: Arkansas

This Arkansas Drug and Alcohol-Free Workplace policy explains how to set clear, legally compliant expectations around impairment, prohibited conduct, and drug and alcohol testing when your organization participates in Arkansas' Drug-Free Workplace Program under the Arkansas Workers' Compensation Commission rules, including AWCC Rule 099.36, and the related provisions in Ark. § Title 11, Chapter 14. It's designed to support a safer workplace while also protecting employee privacy and due process through documented reasonable suspicion, defined testing categories, Medical Review Officer review, and confidentiality safeguards, plus it can help your organization qualify for workers' comp premium discounts when the program's requirements are met.

The History Behind Drug and Alcohol Free Workplace Policies in Arkansas

Arkansas employers started formalizing drug and alcohol rules as workplace testing became more common nationwide in the 1980s and 1990s, especially in manufacturing, transportation, and other safety-sensitive work. Arkansas then put a clearer legal frame around those practices through the Arkansas Drug-Free Workplace Program, which ties a written policy and defined testing procedures to eligibility for workers' comp premium discounts. That mix of safety pressure and financial incentive is why some Arkansas' employers treat Drugs & Alcohol in the Workplace as a core compliance topic with very specific requirements.

The Arkansas Workers' Compensation Commission filled in the operational details through AWCC Rule 099.36, which is like a checklist for employers who want the program benefits. The rule pushed employers toward consistent notice, supervisor training, and documented testing categories like pre-employment, reasonable suspicion, post-accident, and random testing for certain roles. It also reinforced process protections that employers learned the hard way to take seriously, like confirmation testing, Medical Review Officer review, and confidentiality, because sloppy testing can create its own legal problems even when the underlying safety concern is real.

Medical marijuana added a newer layer. Arkansas voters approved medical marijuana in 2016, and the state later added employment-related protections for registered qualifying patients, with exceptions that matter a lot in practice (like safety-sensitive work and on-the-job impairment). Employers responded by tightening policy language around impairment, documenting safety-sensitive positions, and building a review step for marijuana positives, rather than treating every positive result as an automatic outcome.

Which Law is the Drug and Alcohol Free Workplace Policy Meant to Comply With?

If you create and distribute a Drug and Alcohol Free Workplace Policy for your Arkansas-based employees, it's in an effort to comply with Arkansas's Voluntary Drug-Free Workplace Program (Ark. Code Ann. Title 11, Chapter 14) and the Arkansas Department of Labor and Licensing's Rule 099.36 (Voluntary Drug-Free Workplace Program Rules), including use of the Drug-Free Workplace Policy Notice (Form HS-36-A) where applicable.

How to Write an Arkansas-Specific Drug and Alcohol Free Workplace Policy

• Start with "why" and introduce the concept, a drug and alcohol-free workplace that supports safety, productivity, and Arkansas program participation.
• Define who and where the policy covers across your Arkansas workplaces.
• State the core prohibitions on drugs and alcohol at work, including impairment and related misconduct.
• Require employees to disclose use of medications that could impair safe job performance.
• Describe the types of drug and alcohol testing your organization may require under the Arkansas program.
• List the substances included in your testing panel and when alcohol is included.
• Summarize how testing is administered and reviewed, including confirmation testing and medical review.
• Explain employee rights related to test results, including confidentiality, access, and the ability to contest results.
• Spell out consequences for positive tests, test refusal, and refusal to authorize testing and results release.
• Address how your policy treats medical marijuana, including that employees may not be under the influence at work and how positives are reviewed.
• Offer support options for employees seeking help, including EAP access and protection for early, first-time help-seeking.
• Include training expectations for employees and added training for supervisors on recognition and documentation.

When to Include this Policy in Your Employee Handbook

If you have employees in Arkansas and you want to meet Arkansas' requirements to qualify for workers' comp premium discounts, you should include this policy in your employee handbook for Arkansas-based employees. 

§ 11-14-105 states: 

(a) One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains:

1. A general statement of the covered employer's policy on employee drug or alcohol use, which must identify:
   1. The types of drug or alcohol testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug or alcohol testing or drug or alcohol testing conducted on any other basis; and
   2. The actions the covered employer may take against an employee or job applicant on the basis of a positive confirmed drug or alcohol test result;
2. A statement advising the employee or job applicant of the existence of this section;
3. A general statement concerning confidentiality;
4. Procedures for employees and job applicants to confidentially report the use of prescription or nonprescription medications to a medical review officer after being tested, but only if the testing process has revealed a positive result for the presence of alcohol or drug use;
5. The consequences of refusing to submit to a drug or alcohol test;
6. A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug or alcohol rehabilitation programs;
7. A statement that:
   1. An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the medical review officer within five (5) working days after receiving written notification of the test result;
   2. If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer; and
   3. A person may contest the drug or alcohol test result pursuant to rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission;
8. A statement informing the employee or job applicant of the employee's responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section;
9. A list of all drug classes for which the employer may test;
10. A statement regarding any applicable collective bargaining agreement or contract and any right to appeal to the applicable court;
11. A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication; and

12. A statement complying with the requirements for notice under § 11-14-101.

     

(b) A covered employer shall ensure that at least sixty (60) days elapse between a general one-time notice to all employees that a drug-free workplace program is being implemented and the effective date of the program.
 

(c) A covered employer shall include notice of drug and alcohol testing on vacancy announcements for positions for which drug or alcohol testing is required. A notice of the covered employer's drug and alcohol testing policy must also be posted in an appropriate and conspicuous location on the covered employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the covered employer during regular business hours in the covered employer's personnel office or other suitable locations.
 

(d) Subject to any applicable provisions of a collective bargaining agreement or any applicable labor law, a covered employer may rescind its coverage under this chapter by posting a written and dated notice in an appropriate and conspicuous location on its premises. The notice shall state that the policy will no longer be conducted pursuant to this chapter. The employer shall also provide sixty (60) days' written notice to the employer's workers' compensation insurer of the rescission. As to employees and job applicants, the rescission shall become effective no earlier than sixty (60) days after the date of the posted notice.
 

(e) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission shall develop a model notice and policy for drug-free workplace programs.

Other Considerations

The law applies to Arkansas employers who have at least 1 employee in the US.

Exceptions

None