Arkansas Code
Subchapter 5 - Safe Transportation of Railroad Employees by Contract Carriers Act
§ 23-16-505. Driver testing

(a)
(1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009.
(2) A driver is qualified to drive for a contract carrier if:
(A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and
(B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3, as in effect on January 1, 2009, indicates a verified negative test result.

(3) A driver is disqualified from driving for a contract carrier if:
(A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section;
(B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or
(C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed.

(b)
(1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if:
(A) The accident involved the loss of human life; or
(B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved:
(i) Bodily injury to a person who immediately received medical treatment after the accident; or
(ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident.

(2) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Arkansas Highway Police Division of the Arkansas Department of Transportation.

(c)
(1) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years.
(2) The records shall be maintained in a secure location.