§ 27-23-203 — Applicability - Exemptions

(a) This subchapter applies to: (1) An Arkansas employer who is required to comply with the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350-399, as in effect on November 8, 2021; (2) An employee who holds an Arkansas commercial driver license and who either: (A) Is employed by an Arkansas employer in a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350-399, as in effect on November 8, 2021; or (B) Has submitted an application for employment with an Arkansas employer 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. Parts 350-399, as in effect on November 8, 2021; and (3) A consortium/third-party administrator that provides or coordinates the provision of drug and alcohol testing services to Arkansas employers that are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350-399, as in effect on November 8, 2021. (b) This subchapter does not apply to an individual who is exempt from holding a commercial driver license notwithstanding whether the individual holds a commercial driver license.

Legislative History

Amended by Act 2023, No. 681,§ 2, eff. 8/1/2023. Acts 2007, No. 637, § 1; 2009, No. 456, § 13.