(a)

1. (1) The purpose of this rule is to provide for the enforcement and administration of Arkansas Code § 11-3-203.
2. (2) In general, the statute provides that it is unlawful for any person, partnership, association, or corporation, either for himself or herself or in a representative or fiduciary capacity, to require any employee or applicant for employment, as a condition of employment or continued employment, to submit or take a physical, medical examination, or drug test unless the examination is provided at no cost to the employee or applicant and a copy of the examiner's report is provided free of charge to the applicant or employee upon written request.
3. (3) The statute further provides that notwithstanding the general prohibition, if an employee tests positive for an illegal drug as defined by rule of the Division of Labor, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment.