Drug Testing Laws in the State of Arkansas

WORKERS COMPENSATION

Voluntary Drug Testing Program This is a voluntary law that provides a premium credit on workers' compensation insurance to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act. The Act is comprehensive and requires various types of drug and alcohol testing in order to qualify for the benefits. Random testing is not required. A comprehensive written policy must be implemented and U.S. Department of Transportation drug testing procedures must be followed. An employer testing employees according to federal rules or regulations is deemed to be in compliance with this Act. Any employee who tests positive for drugs or alcohol or who refuses to be tested for drugs or alcohol may be terminated and forfeits eligibility for workers' compensation in medical and indemnity benefits. (1999) Workers' Compensation The state's workers' compensation law denies benefits when an accident is substantially caused by the use of alcohol, illegal drugs or prescription drugs use in contravention of physician's orders. The presence of any of these in the claimant's body creates a rebuttable presumption that the accident was substantially occasioned by the use of such substances. An employee may be entitled to benefits if it is proven by a preponderance of the evidence that the substance did not substantially cause the accident.