Summary of Law(s) and Regulation(s):
Any person employed by a State employer in a safety-sensitive transportation job, or who has submitted an application for employment with an employer in the State in a safety-sensitive transportation job, for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations and who holds a commercial driver's license shall submit to drug and alcohol testing. The employer must report to the State Office of Driver Services the results of the alcohol screening test, or the refusal to provide a specimen for the screening test, within 3 business days. The State Office of Driver Services shall maintain the information received, which is considered confidential, in a database, to be known as the Commercial Driver Alcohol and Drug Testing Database, for at least 3 years. An employer can request information from the database for each employee who is subject to drug and alcohol testing. The penalty for an employer who knowingly fails to check the database as required is $1,000, effective July 1, 2008. The penalty for knowingly hiring an employee with a record of a positive alcohol or drug test in the database is $5,000. The penalty for an employer who knowingly fails to report an occurrence regarding a drug test is $500. Such penalties do not apply to the State or to an agency or political subdivision of the State. CDL Driver Testing Ark. Code Ann. §§ 27-23-201 to 27-23-211 (2008) http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title36719.htm/subtitle36747.htm/chapter37414.htm/subchapter37444.htm