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Subscribers accessing Arkansas Commercial Motor Vehicle Records
ALCOHOL AND DRUG TEST REPORT INFORMATION  
must read and sign this section of the agreement

WHEREAS, Act 637 of 2007, effective January 1, 2008, requires the state of Arkansas to create and maintain a database of all positive drug and alcohol test results, and refusals to submit a specimen for a drug or alcohol screening test; and

WHEREAS, Arkansas Code Annotated §27-23-205 requires employers of commercial drivers to report any positive alcohol test results, or refusal to provide a specimen for an alcohol test, to the Office of Driver Services within three (3) business days. Medical review officers are required to submit a valid positive drug test result, the refusal to provide a specimen for a drug test, or the submission of an adulterated, diluted, or substituted specimen for a drug test performed, to the Office of Driver Services within three (3) business days; and

WHEREAS, Arkansas Code Annotated §27-23-207 requires employers to request information from the Commercial Driver Alcohol and Drug Testing Database for each employee who is employed in, or has submitted an application for employment for a safety sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. § 350-399, as in effect on January 1, 2007. Information in the Commercial Driver Alcohol and Drug Testing Database is confidential and shall only be released with written consent from the employee; and

WHEREAS, the undersigned periodically makes numerous requests for abstracts of driver's alcohol and drug records in the course of undersigned's business; and

WHEREAS, it is extremely expensive and cumbersome for the undersigned to duplicate and file for the Office of Driver Services to receive and maintain each individual written authorization signed by such drivers in order for the undersigned to obtain an abstract of the driver's drug and alcohol record;

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE UNDERSIGNED DOES HEREBY ACKNOWLEDGE AND CERTIFY AS FOLLOWS:

(1) That the undersigned represents and warrants to the Office of Driver Services that every person, on whom a request for an abstract is made by the undersigned, shall have first given his or her consent to the release of such abstract.

(2) That the original written authorization signed by the driver on whom an abstract is requested, or a copy of thereof, shall be furnished by the undersigned to the Office of Driver Services upon request by the Office of Driver Services. This written authorization is to be kept on file with your company for a five year period.

(3) If the undersigned is found to be in violation of the foregoing, the Office of Driver Services may thereafter require the undersigned to provide individual signed releases with each abstract hereafter requested by the undersigned.

(4) The undersigned further agrees to indemnify and hold harmless the Office of Driver Services, Revenue Division, Department of Finance and Administration, State of Arkansas, and the Information Network of Arkansas and its Board for any liabilities and/or damages caused by virtue of the undersigned's breach of this agreement or the provision of Act 637 of the 2007 Acts of Arkansas.

One of these must apply to you before you may obtain an abstract of a drug and alcohol test result record:

In accordance with Arkansas Code §27-23-207, the Office of Driver Services may furnish an abstract of any drug and alcohol test result record to:
(1) The commercial driver on whom the record has been compiled;
(2) Employers of commercial drivers, provided that the commercial driver has given his written consent for the employer to obtain the drug and alcohol test result record;