2020 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 23 - Commercial Driver License
Subchapter 2 - Commercial Driver Alcohol and Drug Testing Act
§ 27-23-205. Reporting test results

(a) An Arkansas employer shall report to the Office of Driver Services within three (3) business days the results of an alcohol screening test that is performed on an employee who holds an Arkansas commercial driver license if:

1. (1) The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and

2. (2) One (1) of the following occurs regarding the alcohol screening test:

   1. (A) A valid positive result; or

   2. (B) The refusal to provide a specimen for an alcohol screening test.

(b) An Arkansas employer shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an employee who holds an Arkansas commercial driver license:

1. (1) A valid positive result on a drug test for any of the following drugs:

   1. (A) Marijuana metabolites;

   2. (B) Cocaine metabolites;

   3. (C) Amphetamines;

   4. (D) Opiate metabolites; or

   5. (E) Phencyclidine;

2. (2) The refusal to provide a specimen for a drug test; or

3. (3) The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.

(c) A consortium/third-party administrator shall report to the office within three (3) business days the results of an alcohol screening test that is performed on an Arkansas employer or employee who holds an Arkansas commercial driver license if:

1. (1) The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and

2. (2) One (1) of the following occurs regarding the alcohol screening test:

   1. (A) A valid positive result; or

   2. (B) The refusal to provide a specimen for an alcohol screening test.

(d) A consortium/third-party administrator shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an Arkansas employer or employee who holds an Arkansas commercial driver license:

1. (1) A valid positive result on a drug test for any of the following drugs:

   1. (A) Marijuana metabolites;

   2. (B) Cocaine metabolites;

   3. (C) Amphetamines;

   4. (D) Opiate metabolites; or

   5. (E) Phencyclidine;

2. (2) The refusal to provide a specimen for a drug test; or

3. (3) The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.