Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 2 - MOTOR VEHICLE REGISTRATION AND LICENSING (§§ 27-13-101 — 27-25-113) › Chapter 23 - COMMERCIAL DRIVER LICENSE (§§ 27-23-101 — 27-23-211) › Subchapter 2 - COMMERCIAL DRIVER ALCOHOL AND DRUG TESTING ACT (§§ 27-23-201 — 27-23-211) › Section 27-23-202 - Definitions

(a)
As used in this subchapter:
(1)
"Commercial Driver's License Drug and Alcohol Clearinghouse" means the Federal Motor Carrier Safety Administration's database that:
(A)
Contains information required to be reported by employers and service agents regarding drivers who are subject to the United States Department of Transportation's controlled substance and alcohol testing regulations; and
(B)
Is used to provide information for queries concerning driver records;
(2)
(A)
(i)
"Consortium/third-party administrator" means a service agent that provides or coordinates the provision of drug and alcohol testing services to employers that are 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.
(ii)
A consortium/third-party administrator performs tasks concerning the operation of an employer's drug and alcohol testing programs.
(B)
"Consortium/third-party administrator" includes without limitation, groups of employers who join together to administer, as a single entity, the drug and alcohol testing programs of its members that are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350-399, as in effect on November 8, 2021.
(C)
A consortium/third-party administrator is not an "employer" for purposes of this subchapter;
(3)
"Department of Transportation" means an agency or operating administration of the United States Department of Transportation administering regulations requiring alcohol or drug testing under 14 C.F.R. Parts 61, 63, 65, 121, and 135 and 49 C.F.R. Parts 199, 219, 382, and 655, as in effect on November 8, 2021;
(4)
(A)
"Employee" means a person who is a holder of an Arkansas commercial driver license and is subject to drug and alcohol tests under the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350-399, as in effect on November 8, 2021.
(B)
"Employee" includes an individual currently performing safety-sensitive transportation jobs and an applicant for employment in safety-sensitive transportation jobs subject to preemployment testing; and
(5)
(A)
"Employer" means an Arkansas person or entity employing one (1) or more employees subject to 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.
(B)
"Employer" includes:
(i)
An individual who holds an Arkansas commercial driver license who is self-employed 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; and
(ii)
An Arkansas employer's officer, representative, or management personnel.
(b)
Except as provided in this subchapter, the definition under
49 C.F.R. § 40.3
, as in effect on November 8, 2021, applies to a term that is used in this subchapter if that term is defined under
49 C.F.R. § 40.3
, as in effect on November 8, 2021.
Amended by Act 2023, No. 681,§ 1, eff. 8/1/2023.
Acts 2007, No. 637, § 1; 2009, No. 456, § 12.