Effective May 1, 2010, the Arkansas Department of Labor issued new drug test rules for employers under the 2009 Drug Test Law. It prohibits any employer from charging an employee for a drug screening. However, under very specific circumstances, these new rules allow an Arkansas employer to charge the employee to pay for his/her drug or alcohol test. The pre-employment drug screening must be free to all applicants, and the applicant must receive a copy of the results at no cost if requested in writing.
An employee, who resulted in a positive drug test can be required to pay for the retest – but not for the initial screening. The same rules are applicable to medical exams and drug tests before/during employment.
An employee who has a history of positive drug or alcohol tests, can agree in writing to pay for all future tests as a condition of continued employment. Under the ADA (Americans with Disabilities Act), an employer who is required to make reasonable accommodation for a drug- or alcohol-dependent employee may request for a random drug screening. Fees of the drug tests can be deducted from the employee's paycheck or paid in another way.
