Arkansas Commercial Driver Alcohol and Drug Testing Database
HOW LONG WILL THE TEST INFORMATION REMAIN IN THE DATABASE?
All test information remains in the Arkansas database for three years.
WHO IS AFFECTED BY THESE RULES?
Examples of drivers and employers that are subject to these rules are (the following does not represent a complete listing):
- Anyone who owns or leases commercial motor vehicles
- Anyone who assigns drivers to operate commercial motor vehicles
- Federal, State, and local governments
- For-Hire Motor Carriers
- Private Motor Carriers
- Civic Organizations (Disabled Veteran Transport, Boy/Girl Scouts, etc.)
WHO DOES THE TESTING?
Employers are responsible for implementing and conducting the testing programs. They may do this using their own employees or contract services, or by joining together in a consortium that provides services to all member companies. Law enforcement officers will not conduct the tests as part of roadside or other inspections. However, under certain circumstances, post-accident tests conducted by law enforcement personnel will be acceptable. Any individual conducting the test must be trained to operate the EBT and be proficient in the breath testing procedures.
WHAT ARE THE CONSEQUENCES OF A POSITIVE DRUG TEST?
A driver must be removed from safety-sensitive duty if he/she has a positive drug test result. The removal cannot take place until the MRO has interviewed the driver and determined that the positive drug test resulted from the unauthorized use of a controlled substance. A driver cannot be returned to safety-sensitive duties until he/she has been evaluated by a substance abuse professional (SAP), has complied with recommended rehabilitation and has a negative result on a return-to-duty drug test. Follow-up testing to monitor the driver's continued abstinence from drug use is also required.
ARE EMPLOYEES ENTITLED TO REHABILITATION?
Drivers who violate the alcohol misuse rules will be referred to a substance abuse professional for evaluation. Any treatment or rehabilitation would be provided in accordance with the employer's policy or labor/management agreements. The employer is not required under these rules to provide rehabilitation, pay for treatment, or reinstate the driver in his/her safety-sensitive position. Any employer who does decide to return a driver to safety-sensitive duties must ensure that the driver:
- has been evaluated by a substance abuse professional
- has complied with any recommended treatment
- has taken a return-to-duty alcohol test (with a result less than 0.02)
- is subject to unannounced follow-up alcohol tests.
ARE DRIVER ALCOHOL TESTING RECORDS CONFIDENTIAL?
Yes. Test results and other confidential information may be released only to the employer and the substance abuse professional (SAP). Any other release of this information is only with the driver's written consent. If a driver initiates a grievance, hearing, lawsuit, or other action as a result of a violation of these rules, the employer may release relevant information to the decision maker.