Arkansas Drug-Free Workplace Program – Workers’ Comp Insurance Discount

Introduction

Arkansas offers employers a workers’ compensation premium credit (at least 5%) for establishing and maintaining a Drug-Free Workplace Program that meets the standards in AWCC Rule 099.36 and Arkansas Code § 11-14-101–112. Plans must follow DOT-style procedures for testing, maintain documented policies and confidentiality, and renew annually to keep the credit.

Below you’ll find a complete overview of program benefits, statutory requirements, testing rules, and the application process.

Benefits of Arkansas Drug-Free Workplace Program

At least 5% premium credit when accepted by the Commission and maintained for the full policy period
Safer, more productive workplace with fewer accidents
Demonstrates compliance with Arkansas workers’ comp law
May reduce employer liability in workers’ comp claims with statute-backed protections
Supports employee well-being and substance abuse prevention

Program Requirements in Arkansas (At a Glance)

Here’s a quick comparison chart based on Arkansas Code § 11-14-101 through 112 and Arkansas Workers’ Compensation Commission Rule 099.36, with guidance from the Arkansas Workers’ Compensation Commission.

Category	Arkansas Requirements
Discount Amount	Voluntary Drug-Free Workplace Program — workers’ comp premium credit at least 5% (actuarially sound; must be maintained for entire policy period).
Statutory	Ark. Code § 11-14-101–112; AWCC Rule 099.36.
Admin Agency	Arkansas Workers’ Compensation Commission (AWCC), Health & Safety Division — acceptance letter provided to insurer to activate credit.
Employer Eligibility	Any insured employer that implements a compliant program and files annually for acceptance.
Required Testing Triggers	Post-offer pre-employment; reasonable suspicion; routine fitness-for-duty (if included in policy/exam); follow-up (at least once/year for two years after rehab unless entry was voluntary); post-accident (injury).
Post-Accident Collection Window	Alcohol within 8 hours; drugs within 32 hours of incident.
Random Testing	Permitted if the employer’s written policy includes it. Optional, not a required trigger under Rule 099.36; must be applied lawfully and consistently.
Specimen Types	“Specimen” = tissue, fluid, or product of the body; collections follow 49 CFR Part 40 procedures (drug Subpart B; alcohol Subpart C). In practice: urine for drugs; breath/blood for alcohol.
Testing Panel & Cutoffs	DOT-model: Amphetamines, Marijuana (cannabinoids), Cocaine, Opiates (codeine, morphine, heroin), PCP + Alcohol. Cutoffs per DOT/HHS.
Initial + Confirmatory Methods	Screening test with confirmatory test using a different scientific principle (e.g., GC/MS or equivalent); split specimen, chain of custody, privacy, reporting as per 49 CFR Part 40.
Medical Review Officer (MRO)	Required. Employer may not take action on a positive unless confirmed and verified by the MRO.
Employee Education	Provide required educational materials (identity of contact, prohibited conduct, testing circumstances, procedures, consequences, effects of alcohol/drugs, etc.); written receipt kept on file.
Supervisor Training	At least 60 minutes training on alcohol misuse and 60 minutes on drug use (total ≥ 2 hours), including indicators for reasonable suspicion.
Notice Requirements	One-time general notice to all employees at least 60 days before program effective date; notice on vacancy announcements; policy posted conspicuously.
Confidentiality	All records confidential; disclosures only as allowed (e.g., comp claims, legal proceedings, with written consent).
Certification / Renewal	File annual application (Form HS-36-A) with AWCC; once accepted, provide acceptance to insurer. Insurers must report credited employers annually (Form HS-36-B).
Marijuana Notes	Arkansas does not allow recreational marijuana. The medical marijuana program under Amendment 98 protects cardholder status, but employers are not required to accommodate use. Employers may exclude cardholders from safety-sensitive positions on a good-faith belief of current use; zero-tolerance policies are permissible in those roles.

Disclaimer: This overview is provided for informational purposes only. Employers should review state requirements and consult with legal counsel or their insurer to ensure compliance.

Detailed Testing Requirements

Arkansas law requires drug and alcohol testing in the following scenarios:

Pre-employment (post-offer): test required; refusal or confirmed positive can be a basis to rescind the offer.
Reasonable suspicion: must collect within 8 hours (alcohol) / 32 hours (drugs); document observations and keep for 1 year.
Routine fitness-for-duty: allowed if part of policy or routine medicals (apply nondiscriminatory).
Follow-up: at least once annually for 2 years after rehab (unless entry was voluntary).
Post-accident: must collect within 8 hours (alcohol) / 32 hours (drugs) from

Panel & Methods: Must test (at minimum) amphetamines, marijuana, cocaine, opiates, PCP, and alcohol using DOT cutoffs; initial screen followed by confirmatory method with split specimen and full chain-of-custody.

Medical Review Officer (MRO): No employer action on a positive until confirmed and verified by an MRO; employees have 5 working days after notice to provide explanations to the MRO and may further contest results.

How to Apply for the Discount in Arkansas

Implement a compliant program (policy, notices, education materials, supervisor training, testing procedures, confidentiality).
File annually with AWCC using Form HS-36-A (Voluntary Drug-Free Workplace Program Application).
Provide acceptance to your insurer to activate the credit; insurers report credited employers annually
Maintain the program continuously for the entire policy period to keep the 5% credit.

Why Choose ASAP Programs for Compliance?

Implementing a compliant program can be complex — from testing coordination to policy development and annual renewal support. ASAP Programs simplifies the process with:

Nationwide drug testing & background screening solutions
Compliance-ready policies and training resources
End-to-end program administration and documentation

Ready to qualify for Arkansas' 5% workers’ comp discount?
Contact ASAP Programs today and let us help you implement a certified program.

Last updated: August 2025