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Arkansas Drug Testing Law
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 reputable 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.
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