(a) As used in this subchapter:
(1)
(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. pts. 350-399, as in effect on January 1, 2009.
(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. pts. 350-399, as in effect on January 1, 2009.
(C) A consortium/third-party administrator is not an “employer” for purposes of this subchapter;
(2)
(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. pts. 350-399, as in effect on January 1, 2009.
(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
(3)
(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. pts. 350-399, as in effect on January 1, 2009.
(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. pts. 350-399, as in effect on January 1, 2009; 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 January 1, 2009, 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 January 1, 2009.