(1) The employer shall provide the Division of Labor upon request a copy of any written agreement which would require an employee to bear the cost of future drug tests or screens following a positive test.
(2) Such an agreement shall be maintained for a period of three (3) years following termination of employment.
(b)
(1) Under no circumstances may the cost to the employee exceed the actual cost of the drug test.
(2) If the cost of the test is withheld from the employee's pay or otherwise reimbursed to the employer by the employee, the employer shall maintain records of the actual cost of the test along with records of the corresponding withholdings or reimbursements and provide these to the division upon request.
(3) Such records shall be maintained for a period of three (3) years.
(c)
(1) A physical, medical examination, or drug test must be provided at no cost to the employee or applicant even if the reason the employer requires such an examination or test is because it is mandated by a state or federal law that regulates the safe manner in which the employee performs his or her job.
(2) An examination or test is not required "as a condition of employment or continued employment" within the meaning of Arkansas Code § 11-3-203, if the examination or test is required to determine eligibility for an employment benefit, such as a leave of absence or an accommodation.
(d) If an employee requests that a sample be retested or rescreened following a positive drug test, the employer may require such retest to be conducted at the employee's cost.