Arkansas Drug Testing Locations and Laws

Last updated: May 29, 2023

We’ve got you covered with thousands of Arkansas drug testing locations.
We also provide all types of employee drug testing.

Pre-employment
Random
DOT
Reasonable suspicion
Post-accident
Return to duty
Probation drug testing

We offer a variety of standard test panels, such as the 5 panel, 9, 10, or 12 panel drug tests to aid employers who choose more comprehensive testing. We use the latest drug testing technology available in the industry. Furthermore, all our labs are SAMHSA certified as required by Arkansas’ Drug-Free Workplace program.

Call us at 800-851-2021 to schedule an Arkansas drug test now!

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Medical Marijuana

Recreational Marijuana

Arkansas drug testing locations

Don’t worry if your city isn’t listed. Just call 800-851-2021. We’ll be happy to assist you in finding a location nearby. However—and we’re sure to mention it during the conversation—you might decide to have us come to you instead.

That’s right. You’ll never have to search for “drug testing near me” again! We’ll send a mobile collection specialist to your location, anywhere throughout the state— 24/7/365.

Employees on the job site? We’ll find them.

Night shift coming due for the annual fitness-for-duty drug test? Why not have us show up during their shift rather than interrupting their sleep schedule to report for testing during normal business hours? The phrase “drug testing near me” takes on an entirely new meaning when the test rolls right up to your location, doesn’t it?

We offer employee education classes, management training, and DOT services. We can also create your company’s drug-free program. We’ll even customize your policies to specifically meet the needs of your business.

Arkansas drug testing laws

Arkansas does not have statutory provisions regarding drug testing, but it does have a drug-free workplace law. Under this law, all employees and applicants must be informed prior to receiving a drug or alcohol test from an employer. In addition, all employees must be given a written policy statement that contains the following:

1. The company’s drug or alcohol use policy.
2. A statement advising of the drug-free workplace law.
3. A confidentiality statement.
4. Procedures for confidentially reporting the use of prescription or non-prescription medications following a positive test result.
5. The consequences of refusing to submit to testing.
6. A statement advising of the company’s employee assistance program or other assistance resources.
7. An explanation of the employee’s right to contest or explain a positive test result within five working days after written notification of the positive test result is received.
8. A statement explaining that the testing laboratory must be informed of any administrative or civil action brought under the law.
9. A list of all reasons for which an employer may conduct a drug test.
10. A statement regarding any applicable collective bargaining agreement or contract regarding drug testing, and any right to appeal to a court.
11. A statement explaining the employee’s right to consult about technical information regarding prescription or non-prescription medications.

It is unlawful to require an applicant or employee, as a condition of employment or continued employment, to submit to a drug test unless the test is provided at no cost, which means the employer must pay. A free copy of the examiner’s report must be given to the applicant or employee upon request. If an employee tests positive for illegal drugs, the employer and employee may agree in writing who will bear the cost of any future drug tests required as a condition of continued employment.

Arkansas employers with a drug-free workplace program in place must test employees in the following circumstances: after an accident that results in injury, on reasonable suspicion of drug use as part of a routinely scheduled fitness-for-duty medical examination, and as a follow-up to a required rehabilitation program.

Notice and procedural rights for Arkansas employees

An employer who conducts drug testing must give all employees a copy of its policy, and employees must have at least 60 days notice before any new program is implemented. Employees who test positive have five days to contest or explain the result. State laws also require employers to use certain procedures for gathering specimens, testing, maintaining confidentiality, and so on.

Legal claims arising from drug testing

Even though Arkansas Drug Laws allow an employer to drug test, many employees may have legal claims based on how the test was conducted or how the results were used. Employers in Arkansas must follow the state’s requirements for drug and alcohol testing. An Arkansas employer who doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.

Disability discrimination

An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable. The same is true of an employee who is taking a prescribed medication. If he or she tests positive for that drug and is terminated, the company could be liable.

Additionally, if an employer singles out certain groups of employees – for example, by race, age, or gender – for drug testing, the company could face a discrimination claim.

Invasion of privacy

Even an employer who is allowed or required to conduct a drug test might violate employee’s privacy. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.

Defamation

An employee who tests positive for drugs or alcohol might have a valid claim for defamation, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.

Workers’ compensation and drug testing

The Workers’ Health and Safety Division of the Workers’ Compensation Commission in Arkansas sets the rules and oversees compliance for employers’ testing programs. Applicability of the program is also subject to the provisions of relevant collective bargaining agreements and federal statutes or regulations.

Compliant employers are entitled to a 5% discount on workers’ compensation premiums when they incorporate a drug-free program in their workplace.
In order for employers to be granted certification by the director of the Workers’ Health and Safety Division of the Workers’ Compensation Commission, they must apply annually.
Employers are allowed to conduct drug or alcohol testing of their job applicants who already have been awarded an actual offer for employment.
If an employee will be operating a commercial vehicle, drug testing must conform to Department of Transportation procedures and regulations to include only amphetamines, cocaine, marijuana, PCP and opiates, as well as alcohol.
All costs of initial and confirmatory drug or alcohol testing required by the employer should occur at the employer’s expense. Conversely, additional tests not required by the employer but requested by the employee are payable by the employee or job applicant.
Employers may take adverse employment action without restrictions based on a confirmed positive test result.
Employers are required to provide relevant educational materials to all employees regarding how to maintain a drug-free workplace. Employees are required to sign an acknowledgment of receipt for the company policy.

Where does marijuana fit in?

Arkansas’ bid to pass recreational marijuana failed to get the required number of signatures to get on the docket in 2020. Plans are in the works for the 2024 push though.

Medical marijuana program

Approved for medical use in 2016, citizens must meet the following criteria to apply for a medical marijuana registry card:

Be 18 years of age or older or be a minor patient with a parent/guardian who applies as a caregiver.
Be diagnosed with a qualifying medical condition
Have the official physician written certification form.
Be an Arkansas resident with proof of residency. (AR Driver’s License or AR State ID card).
State law prohibits members of the Arkansas National Guard and the United States Military from obtaining a registry ID card.

Qualifying conditions

Amyotrophic lateral sclerosis, or Lou Gehrig’s disease
Alzheimer’s disease
Cachexia, or wasting syndrome
Cancer
Crohn’s disease
Fibromyalgia
Glaucoma
Hepatitis C
HIV/AIDS
Intractable pain, defined as pain that has not responded to ordinary medications, treatment, or surgical measures for more than six months
Peripheral neuropathy
Post-traumatic stress disorder (PTSD)
Seizures, including those characteristic of epilepsy
Severe arthritis
Severe and persistent muscle spasms, including those characteristic of multiple sclerosis
Severe nausea
Tourette’s syndrome
Ulcerative colitis
Any other medical condition or its treatment approved by the ADH

Patients suffering from medical conditions that aren’t on the list may file a petition with the ADH to receive access to medical marijuana.

Drug testing methods

There are three primary methods used for employee drug testing.

Hair follicle
Urine
Mouth swab tests

It’s also possible to drug test employees using a blood test, however, it’s extremely rare. They’re expensive, extremely intrusive, and must be performed by trained medical personnel under proper medical conditions. Blood tests may be named for post-accident testing, however, as they identify the parent drug and, therefore, can determine current impairment. This is useful information for investigators trying to determine the accident’s cause and who’s responsible.

All test samples, meaning hair, urine, and saliva, undergo an immunoassay (IA) test first. Subsequently, those testing positive go on for a second test to confirm the results. The gas chromatography/mass spectrometry (GC/MS) test identifies the drug level contained in the specimen as well.

Mouth swab test

Mouth swab drug tests identify recent drug use. The detection period begins just minutes after use in most cases and, depending on the drug, identifies drugs in the system for up to 72 hours prior to the test.

It’s impossible to fake these test results. The employee is unable to switch the sample as they never leave the administrator’s sight. Moreover, products claiming to “detoxify” the system are misrepresenting themselves because the body naturally cleanses itself at its own pace. Lastly, there’s no way to strip the drug metabolites from the saliva.

Urine test

By far, the most widely used drug test on the market is the urine test. They’re cost-effective, accurate, and, to be honest, although considered intrusive, they’re the one employees expect upon learning there will be “a test.”

The range of detection varies from within a few hours of use up to a few days or weeks, depending on the drug itself. Heavy marijuana users, however, may test positive for over thirty days.

Employers receive results in less than a week.

Hair follicle drug test

The hair follicle drug test affords employers the longest detection period justifying its cost for many employers. This test identifies any and all drug use for a ninety-day period. In fact, there’s no limit as to the length of time the hair test identifies drug use.

Drug metabolites store themselves all over the body until excreted. Those stored in the hair follicle don’t get too far away. They grow out into the hair shaft infusing themselves with the hair. Consequently, they remain there leaving a permanent record of drug use.

Human hair grows about half an inch every month. Hair samples are cut to a standard test length of one and one-half inches, thus, establishing the ninety-day window.

There are instances when a court order requests a longer period of detection. Laboratories can easily accommodate the request by increasing the length of the hair sample.

It takes about a week to receive results.

Drug identification

USA Mobile Drug Testing uses the above methods to identify all types of drugs. Unless regulated by the DOT or some other entity, employers are free to choose the drugs included on the company drug test.

We identify amphetamines and methamphetamines within our amphetamine test panel. THC identifies medical marijuana users and even CBD use when the product contains high levels of THC hidden within them due to poor extraction processes.

However, the opiate panel does not identify synthetic opioids, such as hydrocodone and oxycodone. Employers can add an extended opiate panel to the test to identify them though.

We also have the capability to identify “specialty” drugs, like bath salts or steroids, for instance. We have a panel to identify synthetic marijuana too.

Detection windows

We’ve established that the amount of time that a drug remains in the system is dependent on the drug itself. Subsequently, even those detection windows vary.

So, why is that?

There are several factors that play a part in the length of time that specific drugs can be identified in the body.

Genetics—The speed at which your body metabolizes everything is unique to your genetic make-up. Therefore, our DNA has everything to do with it.
Dosage and frequency—It makes sense that the amount of drug ingested and how often it’s taken determine the amount of time it remains in the system. For example, someone that uses once in a great while versus someone with an addiction.
Body Mass Index—Your height, weight, and fat cell ratio play a part in how and where drug metabolites are stored. For instance, heavier people may retain drug metabolites in the system longer because those stored in fat cells take longer to clear.
Age—Younger people tend to metabolize things faster than older people.

DOT Information

The Department of Transportation was created to ensure the general public’s right to safe passage. It regulates the industries that transport people and products.

Federal Motor Carrier Safety Administration
Federal Railroad Administration
Federal Aviation Administration
Federal Transit Administration
United States Coastguard
Pipeline and Hazardous Materials Safety Administration

Part of the regulations includes employee drug testing.

DOT drug test

It won’t be much longer and the DOT will be changing from the urine drug test to the hair follicle test. At this time, an official request is circulating through the chain-of-command and not expected to meet with resistance at any point.

This is the second change the DOT has made to its drug testing regulations in the past few years. In January 2019, it extended the opiate panel to include four synthetic opioids.

Oxycodone
Oxymorphone
Hydrocodone
Hydromorphone

Physicians heavily prescribed these prescription pain killers until realizing their high potential for addiction. By then, however, the damage had been done and addiction to these drugs was and is running rampant through our country.

The trucking industry stands behind the DOT’s decision to use the hair follicle test. In fact, some employers in the industry incur the additional cost of using both the DOT drug test and the hair follicle test as well.

Moreover, the Department of Transportation (DOT) has proposed changes to its drug testing policy to include mouth swab testing. The proposals were published on Monday, February 28th, 2022. The proposal is aimed at saving employers in the trucking industry time and money because the mouth swab test is completed in minutes getting the driver back out on the road in the least amount of time.

FMCSA Clearinghouse

Beginning January 6, 2023, employers are no longer required to query both the FMCSA Clearinghouse and previous employers (for a three year period) on all potential drivers to search for unresolved drug or alcohol violations. As of that date, an accurate and “real-time” database was determined to be established. Employers need only access the Clearinghouse when hiring new employees.

Employers are required to report any drug or alcohol violations to the database within 3 business days. They may designate their C/TPA to handle testing and reporting on their behalf.

FAQs

Can I access the Clearinghouse and see if there’s any information there about me?

Yes. Drivers can register with the Clearinghouse and are free to access it at any time with no charge.

I’m an owner-operator so does that mean that I query myself?

The FMCSA requires that all drivers be queried once a year. However, you need to have your C/TPA (consortium/third-party administrator) handle the particulars for you. If you’ve already registered with the Clearinghouse, you’ve probably designated them to access the database on your behalf already.

I have a prescription for my oxy—my back’s in really bad shape—that’s going to keep me in the clear, right?

If you’re holding a safety-sensitive position, it’s technically possible. You’ll have a chance to provide medical evidence of your claim. But, a prescription isn’t going to do the trick. Your doctor needs to contact the MRO to discuss alternatives. If none can be decided upon, the doctor needs to state that in writing and verify that you are able to function normally while under the influence of the painkiller.

Ultimately, though, the decision is left up to your employer. It’s a pretty big risk to incur.

Can I admit that I have a problem with drugs to my employer and keep my job?

It likely depends on whether or not this scenario is included in an employer’s drug-free workplace protocol. We would advise going to your employer and admitting your problem. That’s the first step. No matter how things turn out there, though, enroll in rehab and fight like you’re fighting for your life! If your current job isn’t waiting for you, you were looking for one when you got it. This time, you’ll be drug-free when applying and your range of possibilities is wide open!

You can do this! And, know that we’re rooting for you every step of the way.