Ark. Code Ann. § 11-9-410 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-410
Third-party liability
Status: in_force

(a) Liability Unaffected. (1) (A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third party for the injury, but the employer or the employer's carrier shall be entitled to reasonable notice and opportunity to join in the action. (B) If they, or either of them, join in the action, they shall be entitled to a first lien upon two-thirds (2/3) of the net proceeds recovered in the action that remain after the payment of the reasonable costs of collection, for the payment to them of the amount paid and to be paid by them as compensation to the injured employee or his or her dependents. (2) The commencement of an action by an employee or his or her dependents against a third party for damages by reason of an injury to which this chapter is applicable, or the adjustment of any claim, shall not affect the rights of the injured employee or his or her dependents to recover compensation, but any amount recovered by the injured employee or his or her dependents from a third party shall be applied as follows: (A) Reasonable costs of collection shall be deducted; (B) Then, in every case, one-third (1/3) of the remainder shall belong to the injured employee or his or her dependents, as the case may be; (C) The remainder, or so much as is necessary to discharge the actual amount of the liability of the employer and the carrier; and (D) Any excess shall belong to the injured employee or his or her dependents. (b) Subrogation. (1) An employer or carrier liable for compensation under this chapter for the injury or death of an employee shall have the right to maintain an action in tort against any third party responsible for the injury or death. However, the employer or the carrier must notify the claimant in writing that the claimant has the right to hire a private attorney to pursue any benefits to which the claimant is entitled in addition to the subrogation interest against any third party responsible for the injury or death. (2) After reasonable notice and opportunity to be represented in the action has been given to the compensation beneficiary, the liability of the third party to the compensation beneficiary shall be determined in the action, as well as the third party's liability to the employer and carrier. (3) (A) After recovery shall be had against the third party, by suit or otherwise, the compensation beneficiary shall be entitled to any amount recovered over and above the amount that the employer and carrier have paid or are liable for in compensation, after deducting reasonable costs of collection. (B) In no event shall the compensation beneficiary be entitled to less than one-third (1/3) of the amount recovered from the third party, after deducting the reasonable cost of collection. (4) An employer or carrier who is liable for compensation under this chapter on account of injury or death of an employee shall be entitled to maintain a third party action against the employer's uninsured motorist coverage or underinsured motorist coverage. (5) The purpose and intent of this subsection is to prevent double payment to the employee. (c) Settlement of Claims. (1) Settlement of claims under subsections (a) and (b) of this section must have the approval of the court or of the Workers' Compensation Commission, except that the distribution of that portion of the settlement that represents the compensation payable under this chapter must have the approval of the commission. (2) Where liability is admitted to the injured employee or his or her dependents by the employer or carrier, the cost of collection may be deducted from that portion of the settlement under subsections (a) or (b) of this section representing compensation, upon direction and approval of the commission. (3) No party shall settle a claim under subsections (a) and (b) of this section without first giving three (3) days' written notice to all parties with an interest in the claim of the intent to settle. (4) Each party with an interest in a claim under subsections (a) and (b) shall cooperate with all other parties in litigation or settlement of such claims. Init. Meas. 1948, No. 4, § 40, Acts 1949, p. 1420; A.S.A. 1947, § 81-1340; Acts 1993, No. 796, § 14.

(a) Liability Unaffected. (1) (A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third party for the injury, but the employer or the employer's carrier shall be entitled to reasonable notice and opportunity to join in the action. (B) If they, or either of them, join in the action, they shall be entitled to a first lien upon two-thirds (2/3) of the net proceeds recovered in the action that remain after the payment of the reasonable costs of collection, for the payment to them of the amount paid and to be paid by them as compensation to the injured employee or his or her dependents. (2) The commencement of an action by an employee or his or her dependents against a third party for damages by reason of an injury to which this chapter is applicable, or the adjustment of any claim, shall not affect the rights of the injured employee or his or her dependents to recover compensation, but any amount recovered by the injured employee or his or her dependents from a third party shall be applied as follows: (A) Reasonable costs of collection shall be deducted; (B) Then, in every case, one-third (1/3) of the remainder shall belong to the injured employee or his or her dependents, as the case may be; (C) The remainder, or so much as is necessary to discharge the actual amount of the liability of the employer and the carrier; and (D) Any excess shall belong to the injured employee or his or her dependents.

(1) (A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third party for the injury, but the employer or the employer's carrier shall be entitled to reasonable notice and opportunity to join in the action. (B) If they, or either of them, join in the action, they shall be entitled to a first lien upon two-thirds (2/3) of the net proceeds recovered in the action that remain after the payment of the reasonable costs of collection, for the payment to them of the amount paid and to be paid by them as compensation to the injured employee or his or her dependents.

(A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third party for the injury, but the employer or the employer's carrier shall be entitled to reasonable notice and opportunity to join in the action.

(B) If they, or either of them, join in the action, they shall be entitled to a first lien upon two-thirds (2/3) of the net proceeds recovered in the action that remain after the payment of the reasonable costs of collection, for the payment to them of the amount paid and to be paid by them as compensation to the injured employee or his or her dependents.

(2) The commencement of an action by an employee or his or her dependents against a third party for damages by reason of an injury to which this chapter is applicable, or the adjustment of any claim, shall not affect the rights of the injured employee or his or her dependents to recover compensation, but any amount recovered by the injured employee or his or her dependents from a third party shall be applied as follows: (A) Reasonable costs of collection shall be deducted; (B) Then, in every case, one-third (1/3) of the remainder shall belong to the injured employee or his or her dependents, as the case may be; (C) The remainder, or so much as is necessary to discharge the actual amount of the liability of the employer and the carrier; and (D) Any excess shall belong to the injured employee or his or her dependents.

(A) Reasonable costs of collection shall be deducted;

(B) Then, in every case, one-third (1/3) of the remainder shall belong to the injured employee or his or her dependents, as the case may be;

(C) The remainder, or so much as is necessary to discharge the actual amount of the liability of the employer and the carrier; and

(D) Any excess shall belong to the injured employee or his or her dependents.

(b) Subrogation. (1) An employer or carrier liable for compensation under this chapter for the injury or death of an employee shall have the right to maintain an action in tort against any third party responsible for the injury or death. However, the employer or the carrier must notify the claimant in writing that the claimant has the right to hire a private attorney to pursue any benefits to which the claimant is entitled in addition to the subrogation interest against any third party responsible for the injury or death. (2) After reasonable notice and opportunity to be represented in the action has been given to the compensation beneficiary, the liability of the third party to the compensation beneficiary shall be determined in the action, as well as the third party's liability to the employer and carrier. (3) (A) After recovery shall be had against the third party, by suit or otherwise, the compensation beneficiary shall be entitled to any amount recovered over and above the amount that the employer and carrier have paid or are liable for in compensation, after deducting reasonable costs of collection. (B) In no event shall the compensation beneficiary be entitled to less than one-third (1/3) of the amount recovered from the third party, after deducting the reasonable cost of collection. (4) An employer or carrier who is liable for compensation under this chapter on account of injury or death of an employee shall be entitled to maintain a third party action against the employer's uninsured motorist coverage or underinsured motorist coverage. (5) The purpose and intent of this subsection is to prevent double payment to the employee.

(1) An employer or carrier liable for compensation under this chapter for the injury or death of an employee shall have the right to maintain an action in tort against any third party responsible for the injury or death. However, the employer or the carrier must notify the claimant in writing that the claimant has the right to hire a private attorney to pursue any benefits to which the claimant is entitled in addition to the subrogation interest against any third party responsible for the injury or death.

(2) After reasonable notice and opportunity to be represented in the action has been given to the compensation beneficiary, the liability of the third party to the compensation beneficiary shall be determined in the action, as well as the third party's liability to the employer and carrier.

(3) (A) After recovery shall be had against the third party, by suit or otherwise, the compensation beneficiary shall be entitled to any amount recovered over and above the amount that the employer and carrier have paid or are liable for in compensation, after deducting reasonable costs of collection. (B) In no event shall the compensation beneficiary be entitled to less than one-third (1/3) of the amount recovered from the third party, after deducting the reasonable cost of collection.

(A) After recovery shall be had against the third party, by suit or otherwise, the compensation beneficiary shall be entitled to any amount recovered over and above the amount that the employer and carrier have paid or are liable for in compensation, after deducting reasonable costs of collection.

(B) In no event shall the compensation beneficiary be entitled to less than one-third (1/3) of the amount recovered from the third party, after deducting the reasonable cost of collection.

(4) An employer or carrier who is liable for compensation under this chapter on account of injury or death of an employee shall be entitled to maintain a third party action against the employer's uninsured motorist coverage or underinsured motorist coverage.

(5) The purpose and intent of this subsection is to prevent double payment to the employee.

(c) Settlement of Claims. (1) Settlement of claims under subsections (a) and (b) of this section must have the approval of the court or of the Workers' Compensation Commission, except that the distribution of that portion of the settlement that represents the compensation payable under this chapter must have the approval of the commission. (2) Where liability is admitted to the injured employee or his or her dependents by the employer or carrier, the cost of collection may be deducted from that portion of the settlement under subsections (a) or (b) of this section representing compensation, upon direction and approval of the commission. (3) No party shall settle a claim under subsections (a) and (b) of this section without first giving three (3) days' written notice to all parties with an interest in the claim of the intent to settle. (4) Each party with an interest in a claim under subsections (a) and (b) shall cooperate with all other parties in litigation or settlement of such claims.

(1) Settlement of claims under subsections (a) and (b) of this section must have the approval of the court or of the Workers' Compensation Commission, except that the distribution of that portion of the settlement that represents the compensation payable under this chapter must have the approval of the commission.

(2) Where liability is admitted to the injured employee or his or her dependents by the employer or carrier, the cost of collection may be deducted from that portion of the settlement under subsections (a) or (b) of this section representing compensation, upon direction and approval of the commission.

(3) No party shall settle a claim under subsections (a) and (b) of this section without first giving three (3) days' written notice to all parties with an interest in the claim of the intent to settle.

(4) Each party with an interest in a claim under subsections (a) and (b) shall cooperate with all other parties in litigation or settlement of such claims.

Init. Meas. 1948, No. 4, § 40, Acts 1949, p. 1420; A.S.A. 1947, § 81-1340; Acts 1993, No. 796, § 14.
Ark. Code Ann. § 11-5-401 — AR Code / Title 11 / Chapter 5 / Subchapter 4 / Section 11-5-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Genetic Information in the Workplace Act". Acts 2001, No. 1407, § 1.

This subchapter shall be known and may be cited as the "Genetic Information in the Workplace Act".

Acts 2001, No. 1407, § 1.
Ark. Code Ann. § 11-9-521 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-521
Compensation for disability - Scheduled permanent injuries
Status: in_force

(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during the healing period or until the employee returns to work, whichever occurs first, weekly benefits in the amount of the permanent partial disability rate attributable to the injury, for that period of time set out in the following schedule: (1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks; (2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks; (3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks; (4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks; (5) Hand amputated, one hundred eighty-three (183) weeks; (6) Thumb amputated, seventy-three (73) weeks; (7) First finger amputated, forty-three (43) weeks; (8) Second finger amputated, thirty-seven (37) weeks; (9) Third finger amputated, twenty-four (24) weeks; (10) Fourth finger amputated, nineteen (19) weeks; (11) Foot amputated, one hundred thirty-one (131) weeks; (12) Great toe amputated, thirty-two (32) weeks; (13) Toe other than great toe amputated, eleven (11) weeks; (14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks; (15) Loss of hearing of one ear, forty-two (42) weeks; (16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks; and (17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks. (b) (1) Compensation for amputation of the first phalange shall be one-half (½) of the compensation for the amputation of the entire digit. (2) Compensation for amputation of more than one (1) phalange of a digit shall be the same as for amputation of the entire digit. (c) (1) Compensation for the permanent loss of eighty percent (80%) or more of the vision of an eye shall be the same as for the loss of an eye. (2) In all cases of permanent loss of vision, the use of corrective lenses may be taken into consideration in evaluating the extent of loss of vision. (d) Compensation for amputation or loss of use of two (2) or more digits or one (1) or more phalanges of two (2) or more digits of a hand or a foot may be proportioned to the total loss of use of the hand or the foot occasioned thereby but shall not exceed the compensation for total loss of a hand or a foot. (e) Compensation for permanent total loss of use of a member shall be the same as for amputation of the member. (f) Compensation for permanent partial loss or loss of use of a member shall be for the proportionate loss or loss of use of the member. (g) Any employee suffering a scheduled injury shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment set forth above except as otherwise provided in § 11-9-519(b) . (h) (1) (A) The Workers' Compensation Commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; 1986 (2nd Ex. Sess.), No. 10, § 5; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8; Acts 1993, No. 796, § 23; 1997, No. 251, § 2; 1997, No. 260, § 2.

(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during the healing period or until the employee returns to work, whichever occurs first, weekly benefits in the amount of the permanent partial disability rate attributable to the injury, for that period of time set out in the following schedule: (1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks; (2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks; (3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks; (4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks; (5) Hand amputated, one hundred eighty-three (183) weeks; (6) Thumb amputated, seventy-three (73) weeks; (7) First finger amputated, forty-three (43) weeks; (8) Second finger amputated, thirty-seven (37) weeks; (9) Third finger amputated, twenty-four (24) weeks; (10) Fourth finger amputated, nineteen (19) weeks; (11) Foot amputated, one hundred thirty-one (131) weeks; (12) Great toe amputated, thirty-two (32) weeks; (13) Toe other than great toe amputated, eleven (11) weeks; (14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks; (15) Loss of hearing of one ear, forty-two (42) weeks; (16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks; and (17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks.

(1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks;

(2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks;

(3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks;

(4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks;

(5) Hand amputated, one hundred eighty-three (183) weeks;

(6) Thumb amputated, seventy-three (73) weeks;

(7) First finger amputated, forty-three (43) weeks;

(8) Second finger amputated, thirty-seven (37) weeks;

(9) Third finger amputated, twenty-four (24) weeks;

(10) Fourth finger amputated, nineteen (19) weeks;

(11) Foot amputated, one hundred thirty-one (131) weeks;

(12) Great toe amputated, thirty-two (32) weeks;

(13) Toe other than great toe amputated, eleven (11) weeks;

(14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks;

(15) Loss of hearing of one ear, forty-two (42) weeks;

(16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks; and

(17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks.

(b) (1) Compensation for amputation of the first phalange shall be one-half (½) of the compensation for the amputation of the entire digit. (2) Compensation for amputation of more than one (1) phalange of a digit shall be the same as for amputation of the entire digit.

(1) Compensation for amputation of the first phalange shall be one-half (½) of the compensation for the amputation of the entire digit.

(2) Compensation for amputation of more than one (1) phalange of a digit shall be the same as for amputation of the entire digit.

(c) (1) Compensation for the permanent loss of eighty percent (80%) or more of the vision of an eye shall be the same as for the loss of an eye. (2) In all cases of permanent loss of vision, the use of corrective lenses may be taken into consideration in evaluating the extent of loss of vision.

(1) Compensation for the permanent loss of eighty percent (80%) or more of the vision of an eye shall be the same as for the loss of an eye.

(2) In all cases of permanent loss of vision, the use of corrective lenses may be taken into consideration in evaluating the extent of loss of vision.

(d) Compensation for amputation or loss of use of two (2) or more digits or one (1) or more phalanges of two (2) or more digits of a hand or a foot may be proportioned to the total loss of use of the hand or the foot occasioned thereby but shall not exceed the compensation for total loss of a hand or a foot.

(e) Compensation for permanent total loss of use of a member shall be the same as for amputation of the member.

(f) Compensation for permanent partial loss or loss of use of a member shall be for the proportionate loss or loss of use of the member.

(g) Any employee suffering a scheduled injury shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment set forth above except as otherwise provided in § 11-9-519(b) .

(h) (1) (A) The Workers' Compensation Commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

(1) (A) The Workers' Compensation Commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment.

(A) The Workers' Compensation Commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment.

(B) The guide shall not include pain as a basis for impairment.

(2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; 1986 (2nd Ex. Sess.), No. 10, § 5; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8; Acts 1993, No. 796, § 23; 1997, No. 251, § 2; 1997, No. 260, § 2.
Ark. Code Ann. § 11-14-106 — AR Code / Title 11 / Chapter 14 / Section 11-14-106
Required drug or alcohol tests
Status: in_force

(a) To the extent permitted by law, a covered employer who voluntarily establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests: (1) Job Applicant Drug and Alcohol Testing. A covered employer must require job applicants to submit to a drug test after a conditional offer of employment and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. An employer may test job applicants for alcohol, but is not required to, after a conditional offer of employment. Limited testing of applicants, only if it is based on a reasonable classification basis, is permissible in accordance with a Workers' Health and Safety Division rule; (2) Reasonable-Suspicion Drug and Alcohol Testing. A covered employer must require an employee to submit to reasonable-suspicion drug or alcohol testing. A written record shall be made of the observations leading to a controlled-substances reasonable suspicion test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earlier. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the covered employer pursuant to § 11-14-109 and shall be retained by the covered employer for at least one (1) year; (3) Routine Fitness-For-Duty Drug Testing. (A) A covered employer shall require an employee to undergo drug or alcohol testing, if as a part of the employer's written policy, the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group. Provided, a public employer may require scheduled, periodic testing only of employees who: (i) Are police or peace officers; (ii) Have drug interdiction responsibilities; (iii) Are authorized to carry firearms; (iv) Are engaged in activities that directly affect the safety of others; (v) Work in direct contact with inmates in the custody of the Division of Correction; or (vi) Work in direct contact with minors who have been adjudicated delinquent or who are in need of supervision in the custody of the Department of Human Services. (B) This subdivision (a)(3) does not require a drug or alcohol test if a covered employer's personnel policy on July 1, 2000, does not include drug or alcohol testing as part of a routine fitness-for-duty medical examination. The test shall be conducted in a nondiscriminatory manner. Routine fitness-for-duty drug or alcohol testing of employees does not apply to volunteer employee health screenings, employee wellness programs, programs mandated by governmental agencies, or medical surveillance procedures that involve limited examinations targeted to a particular body part or function; (4) Follow-Up Drug Testing. If the employee in the course of employment enters an employee assistance program for drug-related or alcohol-related problems or a drug or alcohol rehabilitation program, the covered employer must require the employee to submit to a drug or alcohol test, as appropriate, as a follow-up to the program, unless the employee voluntarily entered the program. In those cases, the covered employer has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least one (1) time per year for a two-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested; and (5) Post-Accident Testing. After an accident that results in an injury, the covered employer shall require the employee to submit to a drug or alcohol test in accordance with the provisions of this chapter. (b) This chapter does not preclude an employer from conducting any lawful testing of employees for drugs or alcohol that is in addition to the minimum testing required under this chapter. Amended by Act 2019, No. 910,§ 698, eff. 7/1/2019. Acts 1999, No. 1552, § 6.

(a) To the extent permitted by law, a covered employer who voluntarily establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests: (1) Job Applicant Drug and Alcohol Testing. A covered employer must require job applicants to submit to a drug test after a conditional offer of employment and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. An employer may test job applicants for alcohol, but is not required to, after a conditional offer of employment. Limited testing of applicants, only if it is based on a reasonable classification basis, is permissible in accordance with a Workers' Health and Safety Division rule; (2) Reasonable-Suspicion Drug and Alcohol Testing. A covered employer must require an employee to submit to reasonable-suspicion drug or alcohol testing. A written record shall be made of the observations leading to a controlled-substances reasonable suspicion test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earlier. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the covered employer pursuant to § 11-14-109 and shall be retained by the covered employer for at least one (1) year; (3) Routine Fitness-For-Duty Drug Testing. (A) A covered employer shall require an employee to undergo drug or alcohol testing, if as a part of the employer's written policy, the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group. Provided, a public employer may require scheduled, periodic testing only of employees who: (i) Are police or peace officers; (ii) Have drug interdiction responsibilities; (iii) Are authorized to carry firearms; (iv) Are engaged in activities that directly affect the safety of others; (v) Work in direct contact with inmates in the custody of the Division of Correction; or (vi) Work in direct contact with minors who have been adjudicated delinquent or who are in need of supervision in the custody of the Department of Human Services. (B) This subdivision (a)(3) does not require a drug or alcohol test if a covered employer's personnel policy on July 1, 2000, does not include drug or alcohol testing as part of a routine fitness-for-duty medical examination. The test shall be conducted in a nondiscriminatory manner. Routine fitness-for-duty drug or alcohol testing of employees does not apply to volunteer employee health screenings, employee wellness programs, programs mandated by governmental agencies, or medical surveillance procedures that involve limited examinations targeted to a particular body part or function; (4) Follow-Up Drug Testing. If the employee in the course of employment enters an employee assistance program for drug-related or alcohol-related problems or a drug or alcohol rehabilitation program, the covered employer must require the employee to submit to a drug or alcohol test, as appropriate, as a follow-up to the program, unless the employee voluntarily entered the program. In those cases, the covered employer has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least one (1) time per year for a two-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested; and (5) Post-Accident Testing. After an accident that results in an injury, the covered employer shall require the employee to submit to a drug or alcohol test in accordance with the provisions of this chapter.

(1) Job Applicant Drug and Alcohol Testing. A covered employer must require job applicants to submit to a drug test after a conditional offer of employment and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. An employer may test job applicants for alcohol, but is not required to, after a conditional offer of employment. Limited testing of applicants, only if it is based on a reasonable classification basis, is permissible in accordance with a Workers' Health and Safety Division rule;

(2) Reasonable-Suspicion Drug and Alcohol Testing. A covered employer must require an employee to submit to reasonable-suspicion drug or alcohol testing. A written record shall be made of the observations leading to a controlled-substances reasonable suspicion test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earlier. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the covered employer pursuant to § 11-14-109 and shall be retained by the covered employer for at least one (1) year;

(3) Routine Fitness-For-Duty Drug Testing. (A) A covered employer shall require an employee to undergo drug or alcohol testing, if as a part of the employer's written policy, the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group. Provided, a public employer may require scheduled, periodic testing only of employees who: (i) Are police or peace officers; (ii) Have drug interdiction responsibilities; (iii) Are authorized to carry firearms; (iv) Are engaged in activities that directly affect the safety of others; (v) Work in direct contact with inmates in the custody of the Division of Correction; or (vi) Work in direct contact with minors who have been adjudicated delinquent or who are in need of supervision in the custody of the Department of Human Services. (B) This subdivision (a)(3) does not require a drug or alcohol test if a covered employer's personnel policy on July 1, 2000, does not include drug or alcohol testing as part of a routine fitness-for-duty medical examination. The test shall be conducted in a nondiscriminatory manner. Routine fitness-for-duty drug or alcohol testing of employees does not apply to volunteer employee health screenings, employee wellness programs, programs mandated by governmental agencies, or medical surveillance procedures that involve limited examinations targeted to a particular body part or function;

(A) A covered employer shall require an employee to undergo drug or alcohol testing, if as a part of the employer's written policy, the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group. Provided, a public employer may require scheduled, periodic testing only of employees who: (i) Are police or peace officers; (ii) Have drug interdiction responsibilities; (iii) Are authorized to carry firearms; (iv) Are engaged in activities that directly affect the safety of others; (v) Work in direct contact with inmates in the custody of the Division of Correction; or (vi) Work in direct contact with minors who have been adjudicated delinquent or who are in need of supervision in the custody of the Department of Human Services.

(i) Are police or peace officers;

(ii) Have drug interdiction responsibilities;

(iii) Are authorized to carry firearms;

(iv) Are engaged in activities that directly affect the safety of others;

(v) Work in direct contact with inmates in the custody of the Division of Correction; or

(vi) Work in direct contact with minors who have been adjudicated delinquent or who are in need of supervision in the custody of the Department of Human Services.

(B) This subdivision (a)(3) does not require a drug or alcohol test if a covered employer's personnel policy on July 1, 2000, does not include drug or alcohol testing as part of a routine fitness-for-duty medical examination. The test shall be conducted in a nondiscriminatory manner. Routine fitness-for-duty drug or alcohol testing of employees does not apply to volunteer employee health screenings, employee wellness programs, programs mandated by governmental agencies, or medical surveillance procedures that involve limited examinations targeted to a particular body part or function;

(4) Follow-Up Drug Testing. If the employee in the course of employment enters an employee assistance program for drug-related or alcohol-related problems or a drug or alcohol rehabilitation program, the covered employer must require the employee to submit to a drug or alcohol test, as appropriate, as a follow-up to the program, unless the employee voluntarily entered the program. In those cases, the covered employer has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least one (1) time per year for a two-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested; and

(5) Post-Accident Testing. After an accident that results in an injury, the covered employer shall require the employee to submit to a drug or alcohol test in accordance with the provisions of this chapter.

(b) This chapter does not preclude an employer from conducting any lawful testing of employees for drugs or alcohol that is in addition to the minimum testing required under this chapter.

Amended by Act 2019, No. 910,§ 698, eff. 7/1/2019.

Acts 1999, No. 1552, § 6.
Ark. Code Ann. § 11-9-519 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-519
Compensation for disability - Total disability
Status: in_force

(a) In case of total disability, there shall be paid to the injured employee during the continuance of the total disability sixty-six and two-thirds percent (66 2/3%) of his or her average weekly wage. (b) In the absence of clear and convincing proof to the contrary, the loss of both hands, both arms, both legs, both eyes, or of any two (2) thereof shall constitute permanent total disability. (c) In all other cases, permanent total disability shall be determined in accordance with the facts. (d) (1) No more often than annually, the carrier or self-insured employer or the Death and Permanent Total Disability Trust Fund may require an injured worker receiving permanent total disability benefits to, as of the date thereof, certify on forms provided by the Workers' Compensation Commission that he or she is permanently and totally disabled and not gainfully employed. (2) Notice of the requirement shall be made by certified mail. (3) Failure of the employee to so certify within thirty (30) days after receipt of the notice shall permit the discontinuance of benefits without penalty until otherwise ordered by the commission. (e) (1) "Permanent total disability" means inability, because of compensable injury or occupational disease, to earn any meaningful wages in the same or other employment. (2) The burden of proof shall be on the employee to prove inability to earn any meaningful wage in the same or other employment. (f) In considering a claim for permanent disability, the commission and the courts shall not consider the odd-lot doctrine. (g) (1) (A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8; Acts 1993, No. 796, § 22; 1997, No. 251, § 1; 1997, No. 260, § 1.

(a) In case of total disability, there shall be paid to the injured employee during the continuance of the total disability sixty-six and two-thirds percent (66 2/3%) of his or her average weekly wage.

(b) In the absence of clear and convincing proof to the contrary, the loss of both hands, both arms, both legs, both eyes, or of any two (2) thereof shall constitute permanent total disability.

(c) In all other cases, permanent total disability shall be determined in accordance with the facts.

(d) (1) No more often than annually, the carrier or self-insured employer or the Death and Permanent Total Disability Trust Fund may require an injured worker receiving permanent total disability benefits to, as of the date thereof, certify on forms provided by the Workers' Compensation Commission that he or she is permanently and totally disabled and not gainfully employed. (2) Notice of the requirement shall be made by certified mail. (3) Failure of the employee to so certify within thirty (30) days after receipt of the notice shall permit the discontinuance of benefits without penalty until otherwise ordered by the commission.

(1) No more often than annually, the carrier or self-insured employer or the Death and Permanent Total Disability Trust Fund may require an injured worker receiving permanent total disability benefits to, as of the date thereof, certify on forms provided by the Workers' Compensation Commission that he or she is permanently and totally disabled and not gainfully employed.

(2) Notice of the requirement shall be made by certified mail.

(3) Failure of the employee to so certify within thirty (30) days after receipt of the notice shall permit the discontinuance of benefits without penalty until otherwise ordered by the commission.

(e) (1) "Permanent total disability" means inability, because of compensable injury or occupational disease, to earn any meaningful wages in the same or other employment. (2) The burden of proof shall be on the employee to prove inability to earn any meaningful wage in the same or other employment.

(1) "Permanent total disability" means inability, because of compensable injury or occupational disease, to earn any meaningful wages in the same or other employment.

(2) The burden of proof shall be on the employee to prove inability to earn any meaningful wage in the same or other employment.

(f) In considering a claim for permanent disability, the commission and the courts shall not consider the odd-lot doctrine.

(g) (1) (A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

(1) (A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment.

(A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment.

(B) The guide shall not include pain as a basis for impairment.

(2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8; Acts 1993, No. 796, § 22; 1997, No. 251, § 1; 1997, No. 260, § 1.
Ark. Code Ann. § 11-9-808 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-808
Deposit or bond to secure payment
Status: in_force

The Workers' Compensation Commission may require any employer to make a deposit or bond with the commission to secure the prompt and convenient payment of compensation, and payments shall be made upon order of the commission. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.

The Workers' Compensation Commission may require any employer to make a deposit or bond with the commission to secure the prompt and convenient payment of compensation, and payments shall be made upon order of the commission.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.
Ark. Code Ann. § 11-9-307 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-307
Certification of cost of administering Public Employee Claims Division
Status: in_force

(a) During the biennial period beginning July 1, 1989, and thereafter, the State Insurance Department shall certify to the Chief Fiscal Officer of the State the cost of administering the Public Employee Claims Division. (b) The certification shall be made the month following each quarter of the fiscal year and shall include a report of the expenditures of the division for workers' compensation claims paid on behalf of the cities, the counties, and the public schools, each of the three (3) reported as a class of employers, and each state agency supported from treasury funds or fund accounts. (c) After the certification has been received and approved by the Chief Fiscal Officer of the State, the Chief Fiscal Officer of the State shall transfer funds from the Public School Fund, the Municipal Aid Fund, the County Aid Fund, and from the various treasury funds of state agencies to the Miscellaneous Agencies Fund Account. (d) The transfers shall be made in the same proportion that payments were made in behalf of that entity for workers' compensation claims in the prior quarter as certified by the department. (e) The amount transferred shall be the proportional cost associated with the fund as certified to and approved by the Chief Fiscal Officer of the State. (f) Should a state agency be supported from more than one (1) treasury fund, the fund transfers from that agency shall be in the same proportion that appropriations were made to that agency for regular salaries from the respective funds. Acts 1987, No. 680, § 16; 2011, No. 980, § 3.

(a) During the biennial period beginning July 1, 1989, and thereafter, the State Insurance Department shall certify to the Chief Fiscal Officer of the State the cost of administering the Public Employee Claims Division.

(b) The certification shall be made the month following each quarter of the fiscal year and shall include a report of the expenditures of the division for workers' compensation claims paid on behalf of the cities, the counties, and the public schools, each of the three (3) reported as a class of employers, and each state agency supported from treasury funds or fund accounts.

(c) After the certification has been received and approved by the Chief Fiscal Officer of the State, the Chief Fiscal Officer of the State shall transfer funds from the Public School Fund, the Municipal Aid Fund, the County Aid Fund, and from the various treasury funds of state agencies to the Miscellaneous Agencies Fund Account.

(d) The transfers shall be made in the same proportion that payments were made in behalf of that entity for workers' compensation claims in the prior quarter as certified by the department.

(e) The amount transferred shall be the proportional cost associated with the fund as certified to and approved by the Chief Fiscal Officer of the State.

(f) Should a state agency be supported from more than one (1) treasury fund, the fund transfers from that agency shall be in the same proportion that appropriations were made to that agency for regular salaries from the respective funds.

Acts 1987, No. 680, § 16; 2011, No. 980, § 3.
Ark. Code Ann. § 11-5-110 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-110
Order to correct conditions - Penalties for noncompliance
Status: in_force

(a) Upon the failure or refusal of the owner, manager, superintendent, or other person in control or management of a place or establishment, to comply with an order issued pursuant to § 11-5-108 within the time therein specified, unless it has been attacked and suspended or set aside as provided for in § 11-5-109 , the Director of the Division of Labor or his or her deputy or inspectors shall have full authority and power to close the place or establishment, or any part of it that may be in an unsanitary or dangerous condition or contain immoral influences in violation of any requirement of this section or §§ 11-5-101 - 11-5-109 or order, until such time as the condition, practice, or method is corrected. (b) Any person in control or management of any establishment included in § 11-5-109 who shall fail or refuse to comply with any written order issued to the person by the director or any of his or her deputies or inspectors, for the correction of any condition caused or permitted therein which endangers the health of the employees therein or which does not comply with the law governing those establishments, shall be punished as provided in § 11-5-111 . Amended by Act 2019, No. 910,§ 5333, eff. 7/1/2019. Acts 1937, No. 323, §§ 6, 8; Pope's Dig., §§ 6474, 6476; A.S.A. 1947, §§ 81-406, 81-408.

(a) Upon the failure or refusal of the owner, manager, superintendent, or other person in control or management of a place or establishment, to comply with an order issued pursuant to § 11-5-108 within the time therein specified, unless it has been attacked and suspended or set aside as provided for in § 11-5-109 , the Director of the Division of Labor or his or her deputy or inspectors shall have full authority and power to close the place or establishment, or any part of it that may be in an unsanitary or dangerous condition or contain immoral influences in violation of any requirement of this section or §§ 11-5-101 - 11-5-109 or order, until such time as the condition, practice, or method is corrected.

(b) Any person in control or management of any establishment included in § 11-5-109 who shall fail or refuse to comply with any written order issued to the person by the director or any of his or her deputies or inspectors, for the correction of any condition caused or permitted therein which endangers the health of the employees therein or which does not comply with the law governing those establishments, shall be punished as provided in § 11-5-111 .

Amended by Act 2019, No. 910,§ 5333, eff. 7/1/2019.

Acts 1937, No. 323, §§ 6, 8; Pope's Dig., §§ 6474, 6476; A.S.A. 1947, §§ 81-406, 81-408.
Ark. Code Ann. § 11-9-903 — AR Code / Title 11 / Chapter 9 / Subchapter 9 / Section 11-9-903
Liability
Status: in_force

There shall be no liability on the part of, and no cause of action of any nature shall lie, whether at law or in equity, against any agent or employee of the two (2) corporations, their boards of directors, any Arkansas workers' compensation self-insurer, or the Workers' Compensation Commission or any of its representatives on account of any action or inaction by any of them in the administration of the workers' compensation self-insurer guaranty funds or the performance of their duties in connection therewith. Acts 1991, No. 756, § 6; 1995, No. 825, § 3.

There shall be no liability on the part of, and no cause of action of any nature shall lie, whether at law or in equity, against any agent or employee of the two (2) corporations, their boards of directors, any Arkansas workers' compensation self-insurer, or the Workers' Compensation Commission or any of its representatives on account of any action or inaction by any of them in the administration of the workers' compensation self-insurer guaranty funds or the performance of their duties in connection therewith.

Acts 1991, No. 756, § 6; 1995, No. 825, § 3.
Ark. Code Ann. § 11-7-204 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-204
Appointment, term, and qualifications
Status: in_force

(a) The Governor shall appoint a State Mine Inspector, who shall hold office for a term of two (2) years, beginning on July 1 of every odd-numbered year and until his or her successor is appointed and qualified. (b) (1) The mine inspector shall be a citizen of good repute and temperate habits, and he or she must have had five (5) years' experience as a practical miner. (2) While holding office, the mine inspector shall not be connected with or engaged, directly or indirectly, as owner, operator, agent, or director of any coal mine or other mining interest. (c) The Governor and the Secretary of the Department of Labor and Licensing shall have the power to remove a mine inspector for cause. (d) (1) Before entering upon the duties of his or her office and within twenty (20) days after his or her appointment, the mine inspector shall make and execute a bond to the State of Arkansas, with one (1) or more sufficient sureties, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties, which shall be approved by the Governor. (2) When the bond is so approved, he or she shall also take the oath of office prescribed by the Arkansas Constitution. (3) (A) In the event that the mine inspector shall fail to make and execute the bond within the time prescribed by subdivision (d)(1) of this section, his or her appointment shall be declared void. (B) It is made the duty of the Governor to appoint and have qualified a proper person in his or her stead, as contemplated by the provisions of this section. (e) The State Mine Inspector shall report to the Secretary of the Department of Labor and Licensing and shall be an employee of the Department of Labor and Licensing. Amended by Act 2019, No. 910,§ 5345, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5344, eff. 7/1/2019. Acts 1917, No. 130, §§ 1, 2, p. 683; C. & M. Dig., §§ 7249, 7250; Acts 1923, No. 120, § 1; 1937, No. 233, § 1; Pope's Dig., §§ 9305, 9306; Acts 1983, No. 532, § 1; A.S.A. 1947, §§ 52-401, 52-402.

(a) The Governor shall appoint a State Mine Inspector, who shall hold office for a term of two (2) years, beginning on July 1 of every odd-numbered year and until his or her successor is appointed and qualified.

(b) (1) The mine inspector shall be a citizen of good repute and temperate habits, and he or she must have had five (5) years' experience as a practical miner. (2) While holding office, the mine inspector shall not be connected with or engaged, directly or indirectly, as owner, operator, agent, or director of any coal mine or other mining interest.

(1) The mine inspector shall be a citizen of good repute and temperate habits, and he or she must have had five (5) years' experience as a practical miner.

(2) While holding office, the mine inspector shall not be connected with or engaged, directly or indirectly, as owner, operator, agent, or director of any coal mine or other mining interest.

(c) The Governor and the Secretary of the Department of Labor and Licensing shall have the power to remove a mine inspector for cause.

(d) (1) Before entering upon the duties of his or her office and within twenty (20) days after his or her appointment, the mine inspector shall make and execute a bond to the State of Arkansas, with one (1) or more sufficient sureties, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties, which shall be approved by the Governor. (2) When the bond is so approved, he or she shall also take the oath of office prescribed by the Arkansas Constitution. (3) (A) In the event that the mine inspector shall fail to make and execute the bond within the time prescribed by subdivision (d)(1) of this section, his or her appointment shall be declared void. (B) It is made the duty of the Governor to appoint and have qualified a proper person in his or her stead, as contemplated by the provisions of this section.

(1) Before entering upon the duties of his or her office and within twenty (20) days after his or her appointment, the mine inspector shall make and execute a bond to the State of Arkansas, with one (1) or more sufficient sureties, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties, which shall be approved by the Governor.

(2) When the bond is so approved, he or she shall also take the oath of office prescribed by the Arkansas Constitution.

(3) (A) In the event that the mine inspector shall fail to make and execute the bond within the time prescribed by subdivision (d)(1) of this section, his or her appointment shall be declared void. (B) It is made the duty of the Governor to appoint and have qualified a proper person in his or her stead, as contemplated by the provisions of this section.

(A) In the event that the mine inspector shall fail to make and execute the bond within the time prescribed by subdivision (d)(1) of this section, his or her appointment shall be declared void.

(B) It is made the duty of the Governor to appoint and have qualified a proper person in his or her stead, as contemplated by the provisions of this section.

(e) The State Mine Inspector shall report to the Secretary of the Department of Labor and Licensing and shall be an employee of the Department of Labor and Licensing.

Amended by Act 2019, No. 910,§ 5345, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5344, eff. 7/1/2019.

Acts 1917, No. 130, §§ 1, 2, p. 683; C. & M. Dig., §§ 7249, 7250; Acts 1923, No. 120, § 1; 1937, No. 233, § 1; Pope's Dig., §§ 9305, 9306; Acts 1983, No. 532, § 1; A.S.A. 1947, §§ 52-401, 52-402.
Ark. Code Ann. § 11-14-104 — AR Code / Title 11 / Chapter 14 / Section 11-14-104
Testing for drugs or alcohol authorized - Conditions for testing - Effect of failure to comply
Status: in_force

(a) (1) A covered employer may test a job applicant for alcohol or for any drug described in § 11-14-102 . Provided, for public employees such testing shall be limited to the extent permitted by the Arkansas Constitution and the United States Constitution. A covered employer may test an employee for any drug and at any time as set out in § 11-14-106 . An employee who is not in a safety-sensitive position may be tested for alcohol only when the test is based upon reasonable suspicion. An employee in a safety-sensitive position may be tested for alcohol use at any occasion described in §§ 11-14-102 - 11-14-105 , inclusive. (2) In order to qualify as having established a drug-free workplace program that affords a covered employer the ability to qualify for the discounts provided under § 11-14-112 , all drug or alcohol testing conducted by covered employers shall be in conformity with the standards and procedures established in this chapter and all applicable rules adopted pursuant to this chapter. If a covered employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the covered employers shall not be eligible for discounts under § 11-14-112 . All covered employers qualifying for and receiving discounts provided under § 11-14-112 must be reported annually by the insurer to the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission. (b) The director shall adopt a form pursuant to rule-making authority, which form shall be used by the employer to certify compliance with the provisions of this chapter. Substantial compliance in completing and filing the form with the director shall create a rebuttable presumption that the employer has established a drug-free workplace program and is entitled to the protection and benefit of this chapter. Prior to granting any premium credit to an employer pursuant to § 11-14-112 , all insurers shall obtain the form from the employer. (c) It is intended that any employer required to test its employees pursuant to the requirements of any federal statute or regulation shall be deemed to be in conformity with this section as to the employees it is required to test by those standards and procedures designated in that federal statute or regulation. All other employees of the employer shall be subject to testing as provided in this chapter in order for the employer to qualify as having a drug-free workplace program. Acts 1999, No. 1552, § 4.

(a) (1) A covered employer may test a job applicant for alcohol or for any drug described in § 11-14-102 . Provided, for public employees such testing shall be limited to the extent permitted by the Arkansas Constitution and the United States Constitution. A covered employer may test an employee for any drug and at any time as set out in § 11-14-106 . An employee who is not in a safety-sensitive position may be tested for alcohol only when the test is based upon reasonable suspicion. An employee in a safety-sensitive position may be tested for alcohol use at any occasion described in §§ 11-14-102 - 11-14-105 , inclusive. (2) In order to qualify as having established a drug-free workplace program that affords a covered employer the ability to qualify for the discounts provided under § 11-14-112 , all drug or alcohol testing conducted by covered employers shall be in conformity with the standards and procedures established in this chapter and all applicable rules adopted pursuant to this chapter. If a covered employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the covered employers shall not be eligible for discounts under § 11-14-112 . All covered employers qualifying for and receiving discounts provided under § 11-14-112 must be reported annually by the insurer to the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission.

(1) A covered employer may test a job applicant for alcohol or for any drug described in § 11-14-102 . Provided, for public employees such testing shall be limited to the extent permitted by the Arkansas Constitution and the United States Constitution. A covered employer may test an employee for any drug and at any time as set out in § 11-14-106 . An employee who is not in a safety-sensitive position may be tested for alcohol only when the test is based upon reasonable suspicion. An employee in a safety-sensitive position may be tested for alcohol use at any occasion described in §§ 11-14-102 - 11-14-105 , inclusive.

(2) In order to qualify as having established a drug-free workplace program that affords a covered employer the ability to qualify for the discounts provided under § 11-14-112 , all drug or alcohol testing conducted by covered employers shall be in conformity with the standards and procedures established in this chapter and all applicable rules adopted pursuant to this chapter. If a covered employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the covered employers shall not be eligible for discounts under § 11-14-112 . All covered employers qualifying for and receiving discounts provided under § 11-14-112 must be reported annually by the insurer to the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission.

(b) The director shall adopt a form pursuant to rule-making authority, which form shall be used by the employer to certify compliance with the provisions of this chapter. Substantial compliance in completing and filing the form with the director shall create a rebuttable presumption that the employer has established a drug-free workplace program and is entitled to the protection and benefit of this chapter. Prior to granting any premium credit to an employer pursuant to § 11-14-112 , all insurers shall obtain the form from the employer.

(c) It is intended that any employer required to test its employees pursuant to the requirements of any federal statute or regulation shall be deemed to be in conformity with this section as to the employees it is required to test by those standards and procedures designated in that federal statute or regulation. All other employees of the employer shall be subject to testing as provided in this chapter in order for the employer to qualify as having a drug-free workplace program.

Acts 1999, No. 1552, § 4.
Ark. Code Ann. § 11-9-514 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-514
Medical services and supplies - Change of physician
Status: in_force

(a) (1) If the employee selects a physician, the Workers' Compensation Commission shall not authorize a change of physician unless the employee first establishes to the satisfaction of the commission that there is a compelling reason or circumstance justifying a change. (2) (A) If the employer selects a physician, the claimant may petition the commission one (1) time only for a change of physician, and if the commission approves the change with or without a hearing, the commission shall determine the second physician and shall not be bound by recommendations of claimant or respondent. (B) However, if the change desired by the claimant is to a chiropractic physician, optometrist, or podiatrist, the claimant may make the change by giving advance written notification to the employer or carrier. (3) Following establishment of an Arkansas managed care system as provided in § 11-9-508, subdivisions (a)(1) and (2) of this section shall become null and void, and thereafter: (A) (i) The employer shall have the right to select the initial primary care physician from among those associated with managed care entities certified by the commission as provided in § 11-9-508 . (ii) Where the employer has contracted with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician to a physician who must either be associated with the managed care entity chosen by the employer or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury but only if the primary care physician agrees to refer the employee to the managed care entity chosen by the employer for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity chosen by the employer. (iii) Where the employer does not have a contract with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician, to a physician who must either be associated with any managed care entity certified by the commission or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a physician associated with any managed care entity certified by the commission for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by any managed care entity certified by the commission. (B) A petition for change of physician shall be expedited by the commission. (b) Treatment or services furnished or prescribed by any physician other than the ones selected according to the foregoing, except emergency treatment, shall be at the claimant's expense. (c) (1) After being notified of an injury, the employer or insurance carrier shall deliver to the employee, in person or by certified or registered mail, return receipt requested, a copy of a notice, approved or prescribed by the commission, which explains the employee's rights and responsibilities concerning change of physician. (2) If, after notice of injury, the employee is not furnished a copy of the notice, the change of physician rules do not apply. (3) Any unauthorized medical expense incurred after the employee has received a copy of the notice shall not be the responsibility of the employer. (d) A request for a hearing on a change of physician by either the employer or the injured employee shall be given preference on the commission's docket over all other matters. (e) Cooperation on the part of both the injured employee and the employer in an effort to select another physician is encouraged. (f) When compensability is controverted, subsection (b) of this section shall not apply if: (1) The employee requests medical assistance in writing prior to seeking the same as a result of an alleged compensable injury; (2) The employer refuses to refer the employee to a medical provider within forty-eight (48) hours after a written request as provided above; (3) The alleged injury is later found to be a compensable injury; and (4) The employer has not made a previous offer of medical treatment. (g) The commission shall by rule require the inclusion of the information set forth in subsection (f) of this section on all AR-P forms. Amended by Act 2019, No. 315,§ 792, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 20; 1999, No. 1167, § 1.

(a) (1) If the employee selects a physician, the Workers' Compensation Commission shall not authorize a change of physician unless the employee first establishes to the satisfaction of the commission that there is a compelling reason or circumstance justifying a change. (2) (A) If the employer selects a physician, the claimant may petition the commission one (1) time only for a change of physician, and if the commission approves the change with or without a hearing, the commission shall determine the second physician and shall not be bound by recommendations of claimant or respondent. (B) However, if the change desired by the claimant is to a chiropractic physician, optometrist, or podiatrist, the claimant may make the change by giving advance written notification to the employer or carrier. (3) Following establishment of an Arkansas managed care system as provided in § 11-9-508, subdivisions (a)(1) and (2) of this section shall become null and void, and thereafter: (A) (i) The employer shall have the right to select the initial primary care physician from among those associated with managed care entities certified by the commission as provided in § 11-9-508 . (ii) Where the employer has contracted with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician to a physician who must either be associated with the managed care entity chosen by the employer or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury but only if the primary care physician agrees to refer the employee to the managed care entity chosen by the employer for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity chosen by the employer. (iii) Where the employer does not have a contract with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician, to a physician who must either be associated with any managed care entity certified by the commission or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a physician associated with any managed care entity certified by the commission for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by any managed care entity certified by the commission. (B) A petition for change of physician shall be expedited by the commission.

(1) If the employee selects a physician, the Workers' Compensation Commission shall not authorize a change of physician unless the employee first establishes to the satisfaction of the commission that there is a compelling reason or circumstance justifying a change.

(2) (A) If the employer selects a physician, the claimant may petition the commission one (1) time only for a change of physician, and if the commission approves the change with or without a hearing, the commission shall determine the second physician and shall not be bound by recommendations of claimant or respondent. (B) However, if the change desired by the claimant is to a chiropractic physician, optometrist, or podiatrist, the claimant may make the change by giving advance written notification to the employer or carrier.

(A) If the employer selects a physician, the claimant may petition the commission one (1) time only for a change of physician, and if the commission approves the change with or without a hearing, the commission shall determine the second physician and shall not be bound by recommendations of claimant or respondent.

(B) However, if the change desired by the claimant is to a chiropractic physician, optometrist, or podiatrist, the claimant may make the change by giving advance written notification to the employer or carrier.

(3) Following establishment of an Arkansas managed care system as provided in § 11-9-508, subdivisions (a)(1) and (2) of this section shall become null and void, and thereafter: (A) (i) The employer shall have the right to select the initial primary care physician from among those associated with managed care entities certified by the commission as provided in § 11-9-508 . (ii) Where the employer has contracted with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician to a physician who must either be associated with the managed care entity chosen by the employer or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury but only if the primary care physician agrees to refer the employee to the managed care entity chosen by the employer for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity chosen by the employer. (iii) Where the employer does not have a contract with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician, to a physician who must either be associated with any managed care entity certified by the commission or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a physician associated with any managed care entity certified by the commission for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by any managed care entity certified by the commission. (B) A petition for change of physician shall be expedited by the commission.

(A) (i) The employer shall have the right to select the initial primary care physician from among those associated with managed care entities certified by the commission as provided in § 11-9-508 . (ii) Where the employer has contracted with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician to a physician who must either be associated with the managed care entity chosen by the employer or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury but only if the primary care physician agrees to refer the employee to the managed care entity chosen by the employer for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity chosen by the employer. (iii) Where the employer does not have a contract with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician, to a physician who must either be associated with any managed care entity certified by the commission or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a physician associated with any managed care entity certified by the commission for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by any managed care entity certified by the commission.

(i) The employer shall have the right to select the initial primary care physician from among those associated with managed care entities certified by the commission as provided in § 11-9-508 .

(ii) Where the employer has contracted with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician to a physician who must either be associated with the managed care entity chosen by the employer or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury but only if the primary care physician agrees to refer the employee to the managed care entity chosen by the employer for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity chosen by the employer.

(iii) Where the employer does not have a contract with a managed care organization certified by the commission, the claimant employee, however, shall be allowed to change physicians by petitioning the commission one (1) time only for a change of physician, to a physician who must either be associated with any managed care entity certified by the commission or be the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a physician associated with any managed care entity certified by the commission for any specialized treatment, including physical therapy, and only if the primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by any managed care entity certified by the commission.

(B) A petition for change of physician shall be expedited by the commission.

(b) Treatment or services furnished or prescribed by any physician other than the ones selected according to the foregoing, except emergency treatment, shall be at the claimant's expense.

(c) (1) After being notified of an injury, the employer or insurance carrier shall deliver to the employee, in person or by certified or registered mail, return receipt requested, a copy of a notice, approved or prescribed by the commission, which explains the employee's rights and responsibilities concerning change of physician. (2) If, after notice of injury, the employee is not furnished a copy of the notice, the change of physician rules do not apply. (3) Any unauthorized medical expense incurred after the employee has received a copy of the notice shall not be the responsibility of the employer.

(1) After being notified of an injury, the employer or insurance carrier shall deliver to the employee, in person or by certified or registered mail, return receipt requested, a copy of a notice, approved or prescribed by the commission, which explains the employee's rights and responsibilities concerning change of physician.

(2) If, after notice of injury, the employee is not furnished a copy of the notice, the change of physician rules do not apply.

(3) Any unauthorized medical expense incurred after the employee has received a copy of the notice shall not be the responsibility of the employer.

(d) A request for a hearing on a change of physician by either the employer or the injured employee shall be given preference on the commission's docket over all other matters.

(e) Cooperation on the part of both the injured employee and the employer in an effort to select another physician is encouraged.

(f) When compensability is controverted, subsection (b) of this section shall not apply if: (1) The employee requests medical assistance in writing prior to seeking the same as a result of an alleged compensable injury; (2) The employer refuses to refer the employee to a medical provider within forty-eight (48) hours after a written request as provided above; (3) The alleged injury is later found to be a compensable injury; and (4) The employer has not made a previous offer of medical treatment.

(1) The employee requests medical assistance in writing prior to seeking the same as a result of an alleged compensable injury;

(2) The employer refuses to refer the employee to a medical provider within forty-eight (48) hours after a written request as provided above;

(3) The alleged injury is later found to be a compensable injury; and

(4) The employer has not made a previous offer of medical treatment.

(g) The commission shall by rule require the inclusion of the information set forth in subsection (f) of this section on all AR-P forms.

Amended by Act 2019, No. 315,§ 792, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 20; 1999, No. 1167, § 1.
Ark. Code Ann. § 11-9-211 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-211
Workers' Compensation Commission - Investment authority
Status: in_force

(a) All funds held at any time in the Death and Permanent Total Disability Trust Fund, the Second Injury Trust Fund, and the Workers' Compensation Fund shall be invested and reinvested to the extent feasible. (b) All investments authorized for use by the Treasurer of State shall be available for investment of the listed funds. (c) The movement of these funds into and out of investments shall be by fund transfers as directed by the Chief Executive Officer of the Workers' Compensation Commission with the approval of the Workers' Compensation Commission. Added by Act 2023, No. 341,§ 8, eff. 7/1/2023.

(a) All funds held at any time in the Death and Permanent Total Disability Trust Fund, the Second Injury Trust Fund, and the Workers' Compensation Fund shall be invested and reinvested to the extent feasible.

(b) All investments authorized for use by the Treasurer of State shall be available for investment of the listed funds.

(c) The movement of these funds into and out of investments shall be by fund transfers as directed by the Chief Executive Officer of the Workers' Compensation Commission with the approval of the Workers' Compensation Commission.

Added by Act 2023, No. 341,§ 8, eff. 7/1/2023.
Ark. Code Ann. § 11-1-204 — AR Code / Title 11 / Chapter 1 / Subchapter 2 / Section 11-1-204
Determination of employment status
Status: in_force

For purposes of this title, an employer or agency charged with determining the employment status of an individual shall use the twenty-factor test enumerated by the Internal Revenue Service in Rev. Rul. 87-41, 1987-1 C.B. 296, in making its determination and shall consider whether: (1) A person for whom a service is performed has the right to require compliance with instructions, including without limitation when, where, and how a worker is to work; (2) A worker is required to receive training, including without limitation through: (A) Working with an experienced employee; (B) Corresponding with the person for whom a service is performed; (C) Attending meetings; or (D) Other training methods; (3) A worker's services are integrated into the business operation of the person for whom a service is performed and are provided in a way that shows the worker's services are subject to the direction and control of the person for whom a service is performed; (4) A worker's services are required to be performed personally, indicating an interest in the methods used and the results; (5) A person for whom a service is performed hires, supervises, or pays assistants; (6) A continuing relationship exists between a worker performing services and a person for whom a service is performed; (7) A worker performing a service has hours set by the person for whom a service is performed; (8) A worker is required to devote substantially full time to the business of the person for whom a service is performed, indicating the person for whom a service is performed has control over the amount of time the worker spends working and by implication restricts the worker from obtaining other gainful work; (9) (A) The work is performed on the premises of the person for whom a service is performed, or the person for whom a service is performed has control over where the work takes place. (B) A person for whom a service is performed has control over where the work takes place if the person has the right to: (i) Compel the worker to travel a designated route; (ii) Compel the worker to canvass a territory within a certain time; or (iii) Require that the work be done at a specific place, especially if the work could be performed elsewhere; (10) A worker is required to perform services in the order or sequence set by the person for whom a service is performed or the person for whom a service is performed retains the right to set the order or sequence; (11) A worker is required to submit regular oral or written reports to the person for whom a service is performed; (12) A worker is paid by the hour, week, or month except when he or she is paid by the hour, week, or month only as a convenient way of paying a lump sum agreed upon as the cost of a job; (13) A person for whom a service is performed pays the worker's business or traveling expenses; (14) A person for whom a service is performed provides significant tools and materials to the worker performing services; (15) A worker invests in the facilities used in performing the services; (16) A worker realizes a profit or suffers a loss as a result of the services performed that is in addition to the profit or loss ordinarily realized by an employee; (17) A worker performs more than de minimis services for more than one (1) person or firm at the same time, unless the persons or firms are part of the same service arrangement; (18) A worker makes his or her services available to the general public on a regular and consistent basis; (19) A person for whom a service is performed retains the right to discharge the worker; and (20) A worker has the right to terminate the relationship with the person for whom a service is performed at any time he or she wishes without incurring liability. Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.

For purposes of this title, an employer or agency charged with determining the employment status of an individual shall use the twenty-factor test enumerated by the Internal Revenue Service in Rev. Rul. 87-41, 1987-1 C.B. 296, in making its determination and shall consider whether:

(1) A person for whom a service is performed has the right to require compliance with instructions, including without limitation when, where, and how a worker is to work;

(2) A worker is required to receive training, including without limitation through: (A) Working with an experienced employee; (B) Corresponding with the person for whom a service is performed; (C) Attending meetings; or (D) Other training methods;

(A) Working with an experienced employee;

(B) Corresponding with the person for whom a service is performed;

(C) Attending meetings; or

(D) Other training methods;

(3) A worker's services are integrated into the business operation of the person for whom a service is performed and are provided in a way that shows the worker's services are subject to the direction and control of the person for whom a service is performed;

(4) A worker's services are required to be performed personally, indicating an interest in the methods used and the results;

(5) A person for whom a service is performed hires, supervises, or pays assistants;

(6) A continuing relationship exists between a worker performing services and a person for whom a service is performed;

(7) A worker performing a service has hours set by the person for whom a service is performed;

(8) A worker is required to devote substantially full time to the business of the person for whom a service is performed, indicating the person for whom a service is performed has control over the amount of time the worker spends working and by implication restricts the worker from obtaining other gainful work;

(9) (A) The work is performed on the premises of the person for whom a service is performed, or the person for whom a service is performed has control over where the work takes place. (B) A person for whom a service is performed has control over where the work takes place if the person has the right to: (i) Compel the worker to travel a designated route; (ii) Compel the worker to canvass a territory within a certain time; or (iii) Require that the work be done at a specific place, especially if the work could be performed elsewhere;

(A) The work is performed on the premises of the person for whom a service is performed, or the person for whom a service is performed has control over where the work takes place.

(B) A person for whom a service is performed has control over where the work takes place if the person has the right to: (i) Compel the worker to travel a designated route; (ii) Compel the worker to canvass a territory within a certain time; or (iii) Require that the work be done at a specific place, especially if the work could be performed elsewhere;

(i) Compel the worker to travel a designated route;

(ii) Compel the worker to canvass a territory within a certain time; or

(iii) Require that the work be done at a specific place, especially if the work could be performed elsewhere;

(10) A worker is required to perform services in the order or sequence set by the person for whom a service is performed or the person for whom a service is performed retains the right to set the order or sequence;

(11) A worker is required to submit regular oral or written reports to the person for whom a service is performed;

(12) A worker is paid by the hour, week, or month except when he or she is paid by the hour, week, or month only as a convenient way of paying a lump sum agreed upon as the cost of a job;

(13) A person for whom a service is performed pays the worker's business or traveling expenses;

(14) A person for whom a service is performed provides significant tools and materials to the worker performing services;

(15) A worker invests in the facilities used in performing the services;

(16) A worker realizes a profit or suffers a loss as a result of the services performed that is in addition to the profit or loss ordinarily realized by an employee;

(17) A worker performs more than de minimis services for more than one (1) person or firm at the same time, unless the persons or firms are part of the same service arrangement;

(18) A worker makes his or her services available to the general public on a regular and consistent basis;

(19) A person for whom a service is performed retains the right to discharge the worker; and

(20) A worker has the right to terminate the relationship with the person for whom a service is performed at any time he or she wishes without incurring liability.

Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 11-7-303 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-303
Map or plan of mine
Status: in_force

(a) (1) The owner, agent, or operator of each and every coal mine in this state shall make, or cause to be made, an accurate and correct map or plan of the entire workings of the mine and every vein or deposit thereof showing the general inclination of the strata, together with any material deflections in the workings and the boundary lines of the area belonging to the mine, and deposit a true copy of the map or plan with the clerk of the county court of the county wherein the mine or any part thereof may be located. (2) The map or plan shall be so deposited during the period from January 1 to June 1 of each and every year, and the owner, agent, or operator shall furnish the clerk and State Mine Inspector with a sworn statement and further map or plan of the progress of the workings of the mine from the date of the last survey reported up to the making of same, and the mine inspector shall correct his or her map or plan in accordance therewith. (3) When any mine is worked out or abandoned, that fact shall be reported to the mine inspector without delay, and the map or plan in the office of the clerk aforesaid shall be corrected and verified to conform to the facts then existing. (4) All mine maps or plans must show the location of doors, overcast or air bridges, and the direction that all air currents are traveling shall be indicated by arrows. (5) The clerk of the county court of the county in which mines are located shall file and safely keep all maps or plans of any mine, deposited in his or her office, and they shall be recorded as maps and plans of town sites are now recorded. (b) The mine inspector shall send maps and plans of mines in his or her possession to the Secretary of State for safekeeping at the end of every two (2) years, during the month of July. The mine maps and plans shall be kept in a vault for this special purpose for the guidance of anyone interested therein. (c) (1) The owner, agent, or operator of any mine neglecting, failing, or refusing to furnish the mine inspector and county clerk a statement, map, or plan or addition thereto at the time and in the manner provided in subsection (a) of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100), nor more than five hundred dollars ($500). (2) Each day that the neglect, failure, or refusal continues shall constitute a separate offense. (3) This penalty shall be in addition to the rights conferred upon the mine inspector by law to have the maps or plans made at the expense of the owner, agent, or operator. (d) Whenever the owner, agent, or operator of any mine shall neglect, fail, or refuse to furnish the mine inspector and clerk, as provided in subsection (a) of this section, with a statement, map, or plan or additions thereto, at the time and in the manner therein provided, the mine inspector is authorized to cause an accurate map or plan of the workings of the mine to be made at the expense of the owner, agent, or operator, and the cost thereof may be recovered by the mine inspector from the owner, agent, or operator. Acts 1893, No. 125, §§ 1, 2, p. 213; 1905, No. 225, § 1, p. 567; C. & M. Dig., §§ 7260, 7261; Acts 1921, No. 100, § 1; 1927, No. 58, § 1; Pope's Dig., §§ 9316, 9317; A.S.A. 1947, §§ 52-601, 52-602.

(a) (1) The owner, agent, or operator of each and every coal mine in this state shall make, or cause to be made, an accurate and correct map or plan of the entire workings of the mine and every vein or deposit thereof showing the general inclination of the strata, together with any material deflections in the workings and the boundary lines of the area belonging to the mine, and deposit a true copy of the map or plan with the clerk of the county court of the county wherein the mine or any part thereof may be located. (2) The map or plan shall be so deposited during the period from January 1 to June 1 of each and every year, and the owner, agent, or operator shall furnish the clerk and State Mine Inspector with a sworn statement and further map or plan of the progress of the workings of the mine from the date of the last survey reported up to the making of same, and the mine inspector shall correct his or her map or plan in accordance therewith. (3) When any mine is worked out or abandoned, that fact shall be reported to the mine inspector without delay, and the map or plan in the office of the clerk aforesaid shall be corrected and verified to conform to the facts then existing. (4) All mine maps or plans must show the location of doors, overcast or air bridges, and the direction that all air currents are traveling shall be indicated by arrows. (5) The clerk of the county court of the county in which mines are located shall file and safely keep all maps or plans of any mine, deposited in his or her office, and they shall be recorded as maps and plans of town sites are now recorded.

(1) The owner, agent, or operator of each and every coal mine in this state shall make, or cause to be made, an accurate and correct map or plan of the entire workings of the mine and every vein or deposit thereof showing the general inclination of the strata, together with any material deflections in the workings and the boundary lines of the area belonging to the mine, and deposit a true copy of the map or plan with the clerk of the county court of the county wherein the mine or any part thereof may be located.

(2) The map or plan shall be so deposited during the period from January 1 to June 1 of each and every year, and the owner, agent, or operator shall furnish the clerk and State Mine Inspector with a sworn statement and further map or plan of the progress of the workings of the mine from the date of the last survey reported up to the making of same, and the mine inspector shall correct his or her map or plan in accordance therewith.

(3) When any mine is worked out or abandoned, that fact shall be reported to the mine inspector without delay, and the map or plan in the office of the clerk aforesaid shall be corrected and verified to conform to the facts then existing.

(4) All mine maps or plans must show the location of doors, overcast or air bridges, and the direction that all air currents are traveling shall be indicated by arrows.

(5) The clerk of the county court of the county in which mines are located shall file and safely keep all maps or plans of any mine, deposited in his or her office, and they shall be recorded as maps and plans of town sites are now recorded.

(b) The mine inspector shall send maps and plans of mines in his or her possession to the Secretary of State for safekeeping at the end of every two (2) years, during the month of July. The mine maps and plans shall be kept in a vault for this special purpose for the guidance of anyone interested therein.

(c) (1) The owner, agent, or operator of any mine neglecting, failing, or refusing to furnish the mine inspector and county clerk a statement, map, or plan or addition thereto at the time and in the manner provided in subsection (a) of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100), nor more than five hundred dollars ($500). (2) Each day that the neglect, failure, or refusal continues shall constitute a separate offense. (3) This penalty shall be in addition to the rights conferred upon the mine inspector by law to have the maps or plans made at the expense of the owner, agent, or operator.

(1) The owner, agent, or operator of any mine neglecting, failing, or refusing to furnish the mine inspector and county clerk a statement, map, or plan or addition thereto at the time and in the manner provided in subsection (a) of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100), nor more than five hundred dollars ($500).

(2) Each day that the neglect, failure, or refusal continues shall constitute a separate offense.

(3) This penalty shall be in addition to the rights conferred upon the mine inspector by law to have the maps or plans made at the expense of the owner, agent, or operator.

(d) Whenever the owner, agent, or operator of any mine shall neglect, fail, or refuse to furnish the mine inspector and clerk, as provided in subsection (a) of this section, with a statement, map, or plan or additions thereto, at the time and in the manner therein provided, the mine inspector is authorized to cause an accurate map or plan of the workings of the mine to be made at the expense of the owner, agent, or operator, and the cost thereof may be recovered by the mine inspector from the owner, agent, or operator.

Acts 1893, No. 125, §§ 1, 2, p. 213; 1905, No. 225, § 1, p. 567; C. & M. Dig., §§ 7260, 7261; Acts 1921, No. 100, § 1; 1927, No. 58, § 1; Pope's Dig., §§ 9316, 9317; A.S.A. 1947, §§ 52-601, 52-602.
Ark. Code Ann. § 11-8-106 — AR Code / Title 11 / Chapter 8 / Section 11-8-106
Contract exemptions void - Setoff for insurance contributions
Status: in_force

(a) Any contract, rule, or device whatsoever, the purpose or intent of which shall be to enable any corporation to exempt itself from any liability created by §§ 11-8-101 - 11-8-108 , shall to that extent be void. (b) However, in any action brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 - 11-8-108 , the corporation may set off therein any sum it has contributed or paid to any insurance relief benefit or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which the action was brought. Amended by Act 2019, No. 315,§ 774, eff. 7/24/2019. Acts 1913, No. 175, § 4; C. & M. Dig., § 7147; Pope's Dig., § 9133; A.S.A. 1947, § 81-1204.

(a) Any contract, rule, or device whatsoever, the purpose or intent of which shall be to enable any corporation to exempt itself from any liability created by §§ 11-8-101 - 11-8-108 , shall to that extent be void.

(b) However, in any action brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 - 11-8-108 , the corporation may set off therein any sum it has contributed or paid to any insurance relief benefit or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which the action was brought.

Amended by Act 2019, No. 315,§ 774, eff. 7/24/2019.

Acts 1913, No. 175, § 4; C. & M. Dig., § 7147; Pope's Dig., § 9133; A.S.A. 1947, § 81-1204.
Ark. Code Ann. § 11-4-210 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-210
Minimum wage
Status: in_force

(a) (1) Beginning October 1, 2006, every employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in this subchapter. (2) Beginning January 1, 2015, every employer shall pay each of his or her employees wages at the rate of not less than seven dollars and fifty cents ($7.50) per hour, beginning January 1, 2016, the rate of not less than eight dollars ($8.00) per hour, and beginning January 1, 2017, the rate of not less than eight dollars and fifty cents ($8.50) per hour, except as otherwise provided in this subchapter. (3) Beginning January 1, 2019, every employer shall pay each of his or her employees wages at the rate of not less than nine dollars and twenty-five cents ($9.25) per hour, beginning January 1, 2020 the rate of not less than ten dollars ($10.00) per hour and beginning January 1, 2021 the rate of not less than eleven dollars ($11.00) per hour except as otherwise provided in this subchapter. (b) With respect to any full-time student attending any accredited institution of education within this state and who is employed to work an amount not to exceed twenty (20) hours during weeks that school is in session or forty (40) hours during weeks when school is not in session, the rate of wage shall be equal to but not less than eighty-five percent (85%) of the minimum wage provided in this section. Amendment approved by the voters at the November 6, 2018 general election. Amendment approved by the voters at the November 4, 2014 election, effective 12/4/2014. Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; 1975, No. 316, § 1; 1975 (Extended Sess., 1976), No. 1156, § 1; 1977, No. 345, §§ 2, 3; 1979, No. 996, § 3; 1981, No. 610, § 1; 1981, No. 667, § 1; 1983, No. 453, § 1; A.S.A. 1947, § 81-321; Acts 1987, No. 974, § 1; reen. Acts 1987, No. 987, § 1; Acts 1989, No. 360, § 2; 1989, No. 845, § 1; 1991, No. 544, § 1; 1993, No. 331, § 1; 1993, No. 568, § 1; 1997, No. 201, § 1; 2006 (1st Ex. Sess.), No. 15, § 3; 2006 (1st Ex. Sess.), No. 16, § 3.

(a) (1) Beginning October 1, 2006, every employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in this subchapter. (2) Beginning January 1, 2015, every employer shall pay each of his or her employees wages at the rate of not less than seven dollars and fifty cents ($7.50) per hour, beginning January 1, 2016, the rate of not less than eight dollars ($8.00) per hour, and beginning January 1, 2017, the rate of not less than eight dollars and fifty cents ($8.50) per hour, except as otherwise provided in this subchapter. (3) Beginning January 1, 2019, every employer shall pay each of his or her employees wages at the rate of not less than nine dollars and twenty-five cents ($9.25) per hour, beginning January 1, 2020 the rate of not less than ten dollars ($10.00) per hour and beginning January 1, 2021 the rate of not less than eleven dollars ($11.00) per hour except as otherwise provided in this subchapter.

(1) Beginning October 1, 2006, every employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in this subchapter.

(2) Beginning January 1, 2015, every employer shall pay each of his or her employees wages at the rate of not less than seven dollars and fifty cents ($7.50) per hour, beginning January 1, 2016, the rate of not less than eight dollars ($8.00) per hour, and beginning January 1, 2017, the rate of not less than eight dollars and fifty cents ($8.50) per hour, except as otherwise provided in this subchapter.

(3) Beginning January 1, 2019, every employer shall pay each of his or her employees wages at the rate of not less than nine dollars and twenty-five cents ($9.25) per hour, beginning January 1, 2020 the rate of not less than ten dollars ($10.00) per hour and beginning January 1, 2021 the rate of not less than eleven dollars ($11.00) per hour except as otherwise provided in this subchapter.

(b) With respect to any full-time student attending any accredited institution of education within this state and who is employed to work an amount not to exceed twenty (20) hours during weeks that school is in session or forty (40) hours during weeks when school is not in session, the rate of wage shall be equal to but not less than eighty-five percent (85%) of the minimum wage provided in this section.

Amendment approved by the voters at the November 6, 2018 general election.

Amendment approved by the voters at the November 4, 2014 election, effective 12/4/2014.

Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; 1975, No. 316, § 1; 1975 (Extended Sess., 1976), No. 1156, § 1; 1977, No. 345, §§ 2, 3; 1979, No. 996, § 3; 1981, No. 610, § 1; 1981, No. 667, § 1; 1983, No. 453, § 1; A.S.A. 1947, § 81-321; Acts 1987, No. 974, § 1; reen. Acts 1987, No. 987, § 1; Acts 1989, No. 360, § 2; 1989, No. 845, § 1; 1991, No. 544, § 1; 1993, No. 331, § 1; 1993, No. 568, § 1; 1997, No. 201, § 1; 2006 (1st Ex. Sess.), No. 15, § 3; 2006 (1st Ex. Sess.), No. 16, § 3.
Ark. Code Ann. § 11-10-712 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-712
Employer ceasing to pay wages
Status: in_force

(a) Whenever an employer has paid no wages for a period of twelve (12) consecutive calendar quarters following the latest calendar quarter that the employer paid wages in employment, the Director of the Division of Workforce Services shall terminate the employer's experience rating account and shall destroy the records of the account. (b) In the event an employer subsequently becomes subject to this chapter after the employer's experience rating account has been so terminated, the employer must again meet the requirements of §§ 11-10-703 - 11-10-708 . Amended by Act 2019, No. 910,§ 294, eff. 7/1/2019. Acts 1941, No. 391, § 7; 1959, No. 238, § 1; 1963, No. 93, § 9; 1971, No. 35, § 14; 1983, No. 482, §§ 25-30; A.S.A. 1947, § 81-1108.

(a) Whenever an employer has paid no wages for a period of twelve (12) consecutive calendar quarters following the latest calendar quarter that the employer paid wages in employment, the Director of the Division of Workforce Services shall terminate the employer's experience rating account and shall destroy the records of the account.

(b) In the event an employer subsequently becomes subject to this chapter after the employer's experience rating account has been so terminated, the employer must again meet the requirements of §§ 11-10-703 - 11-10-708 .

Amended by Act 2019, No. 910,§ 294, eff. 7/1/2019.

Acts 1941, No. 391, § 7; 1959, No. 238, § 1; 1963, No. 93, § 9; 1971, No. 35, § 14; 1983, No. 482, §§ 25-30; A.S.A. 1947, § 81-1108.
Ark. Code Ann. § 11-15-104 — AR Code / Title 11 / Chapter 15 / Section 11-15-104
Registry - Participating employers
Status: in_force

The Division of Workforce Services shall maintain a registry of private employers and local government employers in Arkansas that have a voluntary veterans' preference employment policy. Amended by Act 2019, No. 910,§ 328, eff. 7/1/2019. Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.

The Division of Workforce Services shall maintain a registry of private employers and local government employers in Arkansas that have a voluntary veterans' preference employment policy.

Amended by Act 2019, No. 910,§ 328, eff. 7/1/2019.

Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 11-6-107 — AR Code / Title 11 / Chapter 6 / Section 11-6-107
Children under age 16 years - Prohibitions against certain kinds and places of work
Status: in_force

(a) No child under sixteen (16) years shall be employed or permitted to work at any of the following occupations: (1) Adjusting any belt to any machinery; (2) Sewing or lacing machine belts in any workshop or factory; (3) Oiling, wiping, or cleaning machinery or assisting therein; (4) Operating or assisting in operating any of the following machines: (A) Circular or band saws; (B) Wood shapers; (C) Wood jointers; (D) Planers; (E) Sandpaper or wood polishing machinery; (F) Wood turning or boring machinery; (G) Picker machines or machines used in picking wool; (H) Carding machines; (I) Job or cylinder printing presses operated by power other than foot power; (J) Boring or drill presses; (K) Stamping machines used in metal or in paper or leather manufacturing; (L) Metal or paper cutting machines; (M) Corner staying machines in paper box factories; (N) Steam boilers; (O) Dough brakes or cracker machinery of any description; (P) Wire or iron straightening or drawing machinery; (Q) Rolling mill machinery; (R) Washing, grinding, or mixing machinery; or (S) Laundering machinery; (5) In proximity to any hazardous or unguarded belt, machinery, or gearing; or (6) Upon any railroad, whether steam, electric, or hydraulic. (b) (1) The Director of the Division of Labor may, from time to time after a hearing duly had, determine what other occupations are sufficiently dangerous to the life or limb or injurious to the health or morals of children under sixteen (16) years to justify their exclusion therefrom. No child under sixteen (16) years of age shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious. (2) There shall be right of appeal from any such determination pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 910,§ 5339, eff. 7/1/2019. Init. Meas. 1914, No. 1, § 3 (1st and 2nd par.), Acts 1915, p. 1505; C. & M. Dig., §§ 7087, 7088; Pope's Dig., §§ 9069, 9070; A.S.A. 1947, §§ 81-703, 81-704; Acts 1991, No. 565, § 1.

(a) No child under sixteen (16) years shall be employed or permitted to work at any of the following occupations: (1) Adjusting any belt to any machinery; (2) Sewing or lacing machine belts in any workshop or factory; (3) Oiling, wiping, or cleaning machinery or assisting therein; (4) Operating or assisting in operating any of the following machines: (A) Circular or band saws; (B) Wood shapers; (C) Wood jointers; (D) Planers; (E) Sandpaper or wood polishing machinery; (F) Wood turning or boring machinery; (G) Picker machines or machines used in picking wool; (H) Carding machines; (I) Job or cylinder printing presses operated by power other than foot power; (J) Boring or drill presses; (K) Stamping machines used in metal or in paper or leather manufacturing; (L) Metal or paper cutting machines; (M) Corner staying machines in paper box factories; (N) Steam boilers; (O) Dough brakes or cracker machinery of any description; (P) Wire or iron straightening or drawing machinery; (Q) Rolling mill machinery; (R) Washing, grinding, or mixing machinery; or (S) Laundering machinery; (5) In proximity to any hazardous or unguarded belt, machinery, or gearing; or (6) Upon any railroad, whether steam, electric, or hydraulic.

(1) Adjusting any belt to any machinery;

(2) Sewing or lacing machine belts in any workshop or factory;

(3) Oiling, wiping, or cleaning machinery or assisting therein;

(4) Operating or assisting in operating any of the following machines: (A) Circular or band saws; (B) Wood shapers; (C) Wood jointers; (D) Planers; (E) Sandpaper or wood polishing machinery; (F) Wood turning or boring machinery; (G) Picker machines or machines used in picking wool; (H) Carding machines; (I) Job or cylinder printing presses operated by power other than foot power; (J) Boring or drill presses; (K) Stamping machines used in metal or in paper or leather manufacturing; (L) Metal or paper cutting machines; (M) Corner staying machines in paper box factories; (N) Steam boilers; (O) Dough brakes or cracker machinery of any description; (P) Wire or iron straightening or drawing machinery; (Q) Rolling mill machinery; (R) Washing, grinding, or mixing machinery; or (S) Laundering machinery;

(A) Circular or band saws;

(B) Wood shapers;

(C) Wood jointers;

(D) Planers;

(E) Sandpaper or wood polishing machinery;

(F) Wood turning or boring machinery;

(G) Picker machines or machines used in picking wool;

(H) Carding machines;

(I) Job or cylinder printing presses operated by power other than foot power;

(J) Boring or drill presses;

(K) Stamping machines used in metal or in paper or leather manufacturing;

(L) Metal or paper cutting machines;

(M) Corner staying machines in paper box factories;

(N) Steam boilers;

(O) Dough brakes or cracker machinery of any description;

(P) Wire or iron straightening or drawing machinery;

(Q) Rolling mill machinery;

(R) Washing, grinding, or mixing machinery; or

(S) Laundering machinery;

(5) In proximity to any hazardous or unguarded belt, machinery, or gearing; or

(6) Upon any railroad, whether steam, electric, or hydraulic.

(b) (1) The Director of the Division of Labor may, from time to time after a hearing duly had, determine what other occupations are sufficiently dangerous to the life or limb or injurious to the health or morals of children under sixteen (16) years to justify their exclusion therefrom. No child under sixteen (16) years of age shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious. (2) There shall be right of appeal from any such determination pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Director of the Division of Labor may, from time to time after a hearing duly had, determine what other occupations are sufficiently dangerous to the life or limb or injurious to the health or morals of children under sixteen (16) years to justify their exclusion therefrom. No child under sixteen (16) years of age shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious.

(2) There shall be right of appeal from any such determination pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 910,§ 5339, eff. 7/1/2019.

Init. Meas. 1914, No. 1, § 3 (1st and 2nd par.), Acts 1915, p. 1505; C. & M. Dig., §§ 7087, 7088; Pope's Dig., §§ 9069, 9070; A.S.A. 1947, §§ 81-703, 81-704; Acts 1991, No. 565, § 1.
Ark. Code Ann. § 11-9-208 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-208
Biennial report
Status: in_force

On or before the first day of the regular session of the General Assembly, the Workers' Compensation Commission under the authority of at least two (2) of its members shall make to the Governor and to the General Assembly a report of the administration of this chapter for the preceding biennial period, together with such recommendations as the commission may deem advisable. Init. Meas. 1948, No. 4, § 46, Acts 1949, p. 1420; A.S.A. 1947, § 81-1347.

On or before the first day of the regular session of the General Assembly, the Workers' Compensation Commission under the authority of at least two (2) of its members shall make to the Governor and to the General Assembly a report of the administration of this chapter for the preceding biennial period, together with such recommendations as the commission may deem advisable.

Init. Meas. 1948, No. 4, § 46, Acts 1949, p. 1420; A.S.A. 1947, § 81-1347.
Ark. Code Ann. § 11-6-105 — AR Code / Title 11 / Chapter 6 / Section 11-6-105
Children under age 16 years - Restrictions on employment generally
Status: in_force

No child under sixteen (16) years shall be employed or permitted to work in any occupation dangerous to the life and limb, or injurious to the health and morals of the child, or in any saloon, resort, or bar where intoxicating liquors of any kind are sold or dispensed. Init. Meas. 1914, No. 1, § 2, Acts 1915, p. 1505; C. & M. Dig., § 7086; Pope's Dig., § 9068; Acts 1977, No. 321, § 1; A.S.A. 1947, § 81-702.

No child under sixteen (16) years shall be employed or permitted to work in any occupation dangerous to the life and limb, or injurious to the health and morals of the child, or in any saloon, resort, or bar where intoxicating liquors of any kind are sold or dispensed.

Init. Meas. 1914, No. 1, § 2, Acts 1915, p. 1505; C. & M. Dig., § 7086; Pope's Dig., § 9068; Acts 1977, No. 321, § 1; A.S.A. 1947, § 81-702.
Ark. Code Ann. § 11-11-226 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-226
Designation of manager required
Status: in_force

(a) Every employment agency shall designate an agency manager at each office location of that agency, who shall be responsible for the general management, administration, and operation of that office location. (b) The agency manager must comply with the licensing requirements of §§ 11-11-210 - 11-11-212 , 11-11-214 , 11-11-217 , 11-11-218 , 11-11-220(a)(1) and (b) , and 11-11-226 . (c) Every employment agency must maintain an agency manager at each of its office locations. Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.

(a) Every employment agency shall designate an agency manager at each office location of that agency, who shall be responsible for the general management, administration, and operation of that office location.

(b) The agency manager must comply with the licensing requirements of §§ 11-11-210 - 11-11-212 , 11-11-214 , 11-11-217 , 11-11-218 , 11-11-220(a)(1) and (b) , and 11-11-226 .

(c) Every employment agency must maintain an agency manager at each of its office locations.

Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Ark. Code Ann. § 11-11-211 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-211
Agency manager license - Application - Qualifications
Status: in_force

(a) To be eligible to apply for a license to act as an agency manager, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least twenty-one (21) years of age; (4) A person whose license has not been revoked within two (2) years from the date of the application; (5) A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and (6) A person who demonstrates business integrity, financial responsibility, and judgment. (b) (1) Every applicant for an initial license for agency manager shall file with the Division of Labor a written application on a form prescribed and furnished by the director. (2) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity. (3) This application shall contain information prescribed by the director. Amended by Act 2019, No. 910,§ 5375, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5374, eff. 7/1/2019. Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.

(a) To be eligible to apply for a license to act as an agency manager, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least twenty-one (21) years of age; (4) A person whose license has not been revoked within two (2) years from the date of the application; (5) A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and (6) A person who demonstrates business integrity, financial responsibility, and judgment.

(1) A citizen of the United States;

(2) Of good moral character;

(3) At least twenty-one (21) years of age;

(4) A person whose license has not been revoked within two (2) years from the date of the application;

(5) A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and

(6) A person who demonstrates business integrity, financial responsibility, and judgment.

(b) (1) Every applicant for an initial license for agency manager shall file with the Division of Labor a written application on a form prescribed and furnished by the director. (2) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity. (3) This application shall contain information prescribed by the director.

(1) Every applicant for an initial license for agency manager shall file with the Division of Labor a written application on a form prescribed and furnished by the director.

(2) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity.

(3) This application shall contain information prescribed by the director.

Amended by Act 2019, No. 910,§ 5375, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5374, eff. 7/1/2019.

Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Ark. Code Ann. § 11-3-304 — AR Code / Title 11 / Chapter 3 / Subchapter 3 / Section 11-3-304
Contracts to exclude persons from employment prohibited
Status: in_force

(a) No person, group of persons, firm, corporation, association, or labor organization shall enter into any contract to exclude from employment: (1) Persons who are members of, or affiliated with, a labor union; (2) Persons who are not members of, or who fail or refuse to join or affiliate with, a labor union; and (3) Persons who, having joined a labor union, have resigned their membership or have been discharged, expelled, or excluded. (b) (1) Any person, group of persons, firm, corporation, association, labor organization, or representatives thereof, either for themselves or others, who sign, approve, or enter into a contract contrary to the provisions of this subchapter shall be guilty of a misdemeanor. Upon conviction, the person, group of persons, firm, corporation, association, labor organization, or representatives thereof, shall be fined in a sum not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000). (2) Each day that the unlawful contract is given effect, or in any manner complied with, shall be deemed a separate offense and shall be punishable as such as provided in this section. Acts 1947, No. 101, §§ 3, 4; A.S.A. 1947, §§ 81-203, 81-204.

(a) No person, group of persons, firm, corporation, association, or labor organization shall enter into any contract to exclude from employment: (1) Persons who are members of, or affiliated with, a labor union; (2) Persons who are not members of, or who fail or refuse to join or affiliate with, a labor union; and (3) Persons who, having joined a labor union, have resigned their membership or have been discharged, expelled, or excluded.

(1) Persons who are members of, or affiliated with, a labor union;

(2) Persons who are not members of, or who fail or refuse to join or affiliate with, a labor union; and

(3) Persons who, having joined a labor union, have resigned their membership or have been discharged, expelled, or excluded.

(b) (1) Any person, group of persons, firm, corporation, association, labor organization, or representatives thereof, either for themselves or others, who sign, approve, or enter into a contract contrary to the provisions of this subchapter shall be guilty of a misdemeanor. Upon conviction, the person, group of persons, firm, corporation, association, labor organization, or representatives thereof, shall be fined in a sum not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000). (2) Each day that the unlawful contract is given effect, or in any manner complied with, shall be deemed a separate offense and shall be punishable as such as provided in this section.

(1) Any person, group of persons, firm, corporation, association, labor organization, or representatives thereof, either for themselves or others, who sign, approve, or enter into a contract contrary to the provisions of this subchapter shall be guilty of a misdemeanor. Upon conviction, the person, group of persons, firm, corporation, association, labor organization, or representatives thereof, shall be fined in a sum not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

(2) Each day that the unlawful contract is given effect, or in any manner complied with, shall be deemed a separate offense and shall be punishable as such as provided in this section.

Acts 1947, No. 101, §§ 3, 4; A.S.A. 1947, §§ 81-203, 81-204.
Ark. Code Ann. § 11-2-202 — AR Code / Title 11 / Chapter 2 / Subchapter 2 / Section 11-2-202
Policy
Status: in_force

It is declared to be the public policy of the State of Arkansas that the successful effectuation of the mission of the Arkansas Mediation and Conciliation Service requires that its mediators and employees maintain a reputation for impartiality and integrity. Labor and management or other interested parties participating in mediation efforts must have the assurance and confidence that information disclosed to mediators and other employees of the service will not subsequently be divulged, either voluntarily or by compulsion, even after the individual is no longer connected with the service. Acts 1979, No. 750, § 2; A.S.A. 1947, § 81-126.

It is declared to be the public policy of the State of Arkansas that the successful effectuation of the mission of the Arkansas Mediation and Conciliation Service requires that its mediators and employees maintain a reputation for impartiality and integrity. Labor and management or other interested parties participating in mediation efforts must have the assurance and confidence that information disclosed to mediators and other employees of the service will not subsequently be divulged, either voluntarily or by compulsion, even after the individual is no longer connected with the service.

Acts 1979, No. 750, § 2; A.S.A. 1947, § 81-126.
Ark. Code Ann. § 11-10-103 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-103
Intent
Status: in_force

The General Assembly declares its intention to provide for the carrying out of the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government as part of a nationwide employment security program to secure for this state and its citizens the grants and privileges available thereunder. Acts 1941, No. 391, § 1; 1949, No. 155, § 1; A.S.A. 1947, § 81-1102.

The General Assembly declares its intention to provide for the carrying out of the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government as part of a nationwide employment security program to secure for this state and its citizens the grants and privileges available thereunder.

Acts 1941, No. 391, § 1; 1949, No. 155, § 1; A.S.A. 1947, § 81-1102.
Ark. Code Ann. § 11-8-109 — AR Code / Title 11 / Chapter 8 / Section 11-8-109
Liability of companies engaged in coal mining
Status: in_force

Every company, whether incorporated or not, engaged in the mining of coal who may employ agents, servants, or employees, those agents, servants, or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by an agent, employee, or servant when resulting from the careless omission of duty or negligence of the employer or which may result from the carelessness, omission of duty, or negligence of any other agent, servant, or employee of the employer, in the same manner and to the same extent as if the carelessness, omission of duty, or negligence causing the injury or death was that of the employer. Acts 1907, No. 69, § 1, p. 162; C. & M. Dig., § 7137; Pope's Dig., § 9123; A.S.A. 1947, § 81-1209.

Every company, whether incorporated or not, engaged in the mining of coal who may employ agents, servants, or employees, those agents, servants, or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by an agent, employee, or servant when resulting from the careless omission of duty or negligence of the employer or which may result from the carelessness, omission of duty, or negligence of any other agent, servant, or employee of the employer, in the same manner and to the same extent as if the carelessness, omission of duty, or negligence causing the injury or death was that of the employer.

Acts 1907, No. 69, § 1, p. 162; C. & M. Dig., § 7137; Pope's Dig., § 9123; A.S.A. 1947, § 81-1209.
Ark. Code Ann. § 11-4-209 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-209
Director of the Division of Labor - Powers and duties
Status: in_force

(a) For any occupation, the Director of the Division of Labor shall make and revise such administrative rules, including definitions of terms, as he or she may deem appropriate to carry out the purposes of this subchapter or necessary to prevent the circumvention or evasion thereof and to safeguard the minimum wage rates established. (b) The rules may include, but are not limited to, rules governing: (1) Outside or commission salespersons; (2) Learners and apprentices, their number, proportion, and length of service; (3) Part-time pay, bonuses, and fringe benefits; (4) Special pay for special or extra work; (5) Permitted charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees; (6) Allowances for gratuities; and (7) Allowances for other special conditions or circumstances which may be usual in a particular employer-employee relationship. (c) Rules shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) The director or his or her authorized representatives shall: (1) Have authority to enter and inspect the place of business or employment of any employer in the state for the purpose of: (A) Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees; (B) Copying any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and (C) Questioning employees for the purpose of ascertaining whether the provisions of this subchapter and rules issued under this subchapter have been and are being complied with; (2) Have authority to require from the employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate; (3) Publish all rules promulgated pursuant to this subchapter; and (4) Otherwise implement and enforce the provisions of this subchapter and the rules issued under this subchapter. Amended by Act 2019, No. 315,§ 760, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 759, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 758, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5311, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 4; A.S.A. 1947, § 81-322; Acts 2001, No. 1423, § 5.

(a) For any occupation, the Director of the Division of Labor shall make and revise such administrative rules, including definitions of terms, as he or she may deem appropriate to carry out the purposes of this subchapter or necessary to prevent the circumvention or evasion thereof and to safeguard the minimum wage rates established.

(b) The rules may include, but are not limited to, rules governing: (1) Outside or commission salespersons; (2) Learners and apprentices, their number, proportion, and length of service; (3) Part-time pay, bonuses, and fringe benefits; (4) Special pay for special or extra work; (5) Permitted charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees; (6) Allowances for gratuities; and (7) Allowances for other special conditions or circumstances which may be usual in a particular employer-employee relationship.

(1) Outside or commission salespersons;

(2) Learners and apprentices, their number, proportion, and length of service;

(3) Part-time pay, bonuses, and fringe benefits;

(4) Special pay for special or extra work;

(5) Permitted charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees;

(6) Allowances for gratuities; and

(7) Allowances for other special conditions or circumstances which may be usual in a particular employer-employee relationship.

(c) Rules shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) The director or his or her authorized representatives shall: (1) Have authority to enter and inspect the place of business or employment of any employer in the state for the purpose of: (A) Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees; (B) Copying any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and (C) Questioning employees for the purpose of ascertaining whether the provisions of this subchapter and rules issued under this subchapter have been and are being complied with; (2) Have authority to require from the employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate; (3) Publish all rules promulgated pursuant to this subchapter; and (4) Otherwise implement and enforce the provisions of this subchapter and the rules issued under this subchapter.

(1) Have authority to enter and inspect the place of business or employment of any employer in the state for the purpose of: (A) Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees; (B) Copying any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and (C) Questioning employees for the purpose of ascertaining whether the provisions of this subchapter and rules issued under this subchapter have been and are being complied with;

(A) Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees;

(B) Copying any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and

(C) Questioning employees for the purpose of ascertaining whether the provisions of this subchapter and rules issued under this subchapter have been and are being complied with;

(2) Have authority to require from the employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate;

(3) Publish all rules promulgated pursuant to this subchapter; and

(4) Otherwise implement and enforce the provisions of this subchapter and the rules issued under this subchapter.

Amended by Act 2019, No. 315,§ 760, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 759, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 758, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5311, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 4; A.S.A. 1947, § 81-322; Acts 2001, No. 1423, § 5.
Ark. Code Ann. § 11-10-224 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-224
References to gender
Status: in_force

Throughout this chapter, the pronoun "he" is deemed to include the masculine gender, the feminine gender, and, in the case of employers who are not persons, the neuter gender. Acts 1941, No. 391, § 2; 1983, No. 482, § 6; A.S.A. 1947, § 81-1103.

Throughout this chapter, the pronoun "he" is deemed to include the masculine gender, the feminine gender, and, in the case of employers who are not persons, the neuter gender.

Acts 1941, No. 391, § 2; 1983, No. 482, § 6; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-10-402 — AR Code / Title 11 / Chapter 10 / Subchapter 4 / Section 11-10-402
Termination
Status: in_force

Except as otherwise provided in § 11-10-403 , an employing unit may cease to be an employer subject to this chapter in accordance with the rules of the Director of the Division of Workforce Services. Amended by Act 2019, No. 315,§ 818, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 229, eff. 7/1/2019. Acts 1941, No. 391, § 8; 1943, No. 256, § 2; A.S.A. 1947, § 81-1111.

Except as otherwise provided in § 11-10-403 , an employing unit may cease to be an employer subject to this chapter in accordance with the rules of the Director of the Division of Workforce Services.

Amended by Act 2019, No. 315,§ 818, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 229, eff. 7/1/2019.

Acts 1941, No. 391, § 8; 1943, No. 256, § 2; A.S.A. 1947, § 81-1111.
Ark. Code Ann. § 11-9-513 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-513
Medical services and supplies - Approval of charges
Status: in_force

(a) All persons who render services or provide things mentioned in §§ 11-9-508 - 11-9-516 shall submit the reasonableness of the charges to the Workers' Compensation Commission for its approval, and, when so approved, the charges shall be enforceable by the commission in the same manner as is provided for the enforcement of compensation payments. (b) However, the provisions of this section relating to charges shall not apply where a written contract exists between the employer and the person who renders the service or furnishes the things. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.

(a) All persons who render services or provide things mentioned in §§ 11-9-508 - 11-9-516 shall submit the reasonableness of the charges to the Workers' Compensation Commission for its approval, and, when so approved, the charges shall be enforceable by the commission in the same manner as is provided for the enforcement of compensation payments.

(b) However, the provisions of this section relating to charges shall not apply where a written contract exists between the employer and the person who renders the service or furnishes the things.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.
Ark. Code Ann. § 11-9-526 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-526
Compensation for disability - Refusal of employee to accept employment
Status: in_force

If any injured employee refuses employment suitable to his or her capacity offered to or procured for him or her, he or she shall not be entitled to any compensation during the continuance of the refusal, unless in the opinion of the Workers' Compensation Commission, the refusal is justifiable. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; A.S.A. 1947, § 81-1313.

If any injured employee refuses employment suitable to his or her capacity offered to or procured for him or her, he or she shall not be entitled to any compensation during the continuance of the refusal, unless in the opinion of the Workers' Compensation Commission, the refusal is justifiable.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; A.S.A. 1947, § 81-1313.
Ark. Code Ann. § 11-7-402 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-402
Director of the Division of Labor - Power to administer oaths
Status: in_force

(a) To more effectively carry out the intentions and purposes of this section and §§ 11-7-409 - 11-7-414 , the Director of the Division of Labor may administer oaths to all persons who are applicants, or who may vouch, in any manner, for the previous service or qualifications of an applicant to obtain for him or her a certificate under this section and §§ 11-7-409 - 11-7-414 . (b) A person who falsely testifies or swears to any matter material to the examination or to the service or qualification of an applicant is guilty of perjury. Amended by Act 2019, No. 910,§ 5347, eff. 7/1/2019. Amended by Act 2017, No. 266,§ 2, eff. 8/1/2017. Acts 1949, No. 268, § 17; A.S.A. 1947, § 52-517.

(a) To more effectively carry out the intentions and purposes of this section and §§ 11-7-409 - 11-7-414 , the Director of the Division of Labor may administer oaths to all persons who are applicants, or who may vouch, in any manner, for the previous service or qualifications of an applicant to obtain for him or her a certificate under this section and §§ 11-7-409 - 11-7-414 .

(b) A person who falsely testifies or swears to any matter material to the examination or to the service or qualification of an applicant is guilty of perjury.

Amended by Act 2019, No. 910,§ 5347, eff. 7/1/2019.

Amended by Act 2017, No. 266,§ 2, eff. 8/1/2017.

Acts 1949, No. 268, § 17; A.S.A. 1947, § 52-517.
Ark. Code Ann. § 11-10-222 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-222
United States
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, the term "United States", when used in a geographical sense, includes the states, the District of Columbia, and the Commonwealth of Puerto Rico. Acts 1941, No. 391, § 2; 1963, No. 93, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, the term "United States", when used in a geographical sense, includes the states, the District of Columbia, and the Commonwealth of Puerto Rico.

Acts 1941, No. 391, § 2; 1963, No. 93, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-15-101 — AR Code / Title 11 / Chapter 15 / Section 11-15-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Voluntary Veterans' Preference Employment Policy Act". Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.

This chapter shall be known and may be cited as the "Voluntary Veterans' Preference Employment Policy Act".

Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 11-10-720 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-720
Collection - Certificate of assessment
Status: in_force

(a) (1) If any person, firm, or corporation shall become delinquent in the payment of any contribution, interest, or penalties required to be paid by this chapter, it shall be the duty of the Director of the Division of Workforce Services, when the amount of the contribution, interest, and penalties is determined, either by the report of the employer or by such investigations as the director may have made, to assess the contributions, interest, and penalties so determined against the delinquent employer and to certify the amount of the contributions, interest, and penalties and mail or otherwise deliver a copy of the assessment to the delinquent employer. (2) (A) At the end of ten (10) days thereafter, the assessment shall become prima facie correct, and the director shall certify the amount of the delinquent contributions, interest, and penalties to the clerk of the circuit court of the county wherein the employer is domiciled or has a place of business, and it shall be the duty of the clerk to file the certificate of record and to enter it in the record of the circuit court for judgment and decree under the procedure prescribed for filing transcripts of judgments by § 16-19-1011 [repealed]. (B) Thereupon, the assessment shall have the force and effect of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) a year. (3) Execution shall be issuable, at the request of the director, his or her agent or attorney, or any other employee of the Division of Workforce Services, forthwith by the clerk of the circuit court, directed to the sheriff, who shall make a levy on any property, assets, or effects of the employer against whom the contribution is assessed. (b) No exemption shall be allowed to the employer from the levy of an execution issued for contributions, interest, and penalties, and no indemnifying bond shall ever be required by the sheriff before making levy. (c) (1) If any officer to whom any execution, as provided for in this section, shall be delivered shall neglect or refuse to execute or levy it according to law, or shall take in execution any property, or if any property be delivered to him or her by any person against whom an execution may have been issued, and the officer shall neglect or refuse to make sale of the property so taken or delivered according to law, or if any officer shall not return any execution on or before the return day therein specified, or shall make a false return thereof, then, and in any of the cases aforesaid, the officer shall be liable and bound to pay the whole amount of money in the execution specified, or thereon endorsed and directed to be levied. (2) It shall be the duty of the clerk of the court from which any execution may be issued to endorse thereon the time when the execution was returned. (d) (1) An aggrieved employer may have a review of the action of the director in making an assessment for contributions, interest, or penalties, by filing, within ten (10) days after the filing of the assessment with the clerk, a petition for review in the circuit court having jurisdiction. (2) All actions for review shall have precedence on the docket of the court where filed, and all appeals from the action of any court on the review shall be prosecuted within thirty (30) days after the final order of the court is made. Amended by Act 2019, No. 910,§ 308, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 307, eff. 7/1/2019. Acts 1941, No. 391, § 14; 1943, No. 138, § 19; 1947, No. 398, § 12; 1977, No. 376, § 16; 1985, No. 8, § 28; 1985, No. 9, § 28; A.S.A. 1947, § 81-1117; Acts 1991, No. 100, §§ 50, 51.

(a) (1) If any person, firm, or corporation shall become delinquent in the payment of any contribution, interest, or penalties required to be paid by this chapter, it shall be the duty of the Director of the Division of Workforce Services, when the amount of the contribution, interest, and penalties is determined, either by the report of the employer or by such investigations as the director may have made, to assess the contributions, interest, and penalties so determined against the delinquent employer and to certify the amount of the contributions, interest, and penalties and mail or otherwise deliver a copy of the assessment to the delinquent employer. (2) (A) At the end of ten (10) days thereafter, the assessment shall become prima facie correct, and the director shall certify the amount of the delinquent contributions, interest, and penalties to the clerk of the circuit court of the county wherein the employer is domiciled or has a place of business, and it shall be the duty of the clerk to file the certificate of record and to enter it in the record of the circuit court for judgment and decree under the procedure prescribed for filing transcripts of judgments by § 16-19-1011 [repealed]. (B) Thereupon, the assessment shall have the force and effect of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) a year. (3) Execution shall be issuable, at the request of the director, his or her agent or attorney, or any other employee of the Division of Workforce Services, forthwith by the clerk of the circuit court, directed to the sheriff, who shall make a levy on any property, assets, or effects of the employer against whom the contribution is assessed.

(1) If any person, firm, or corporation shall become delinquent in the payment of any contribution, interest, or penalties required to be paid by this chapter, it shall be the duty of the Director of the Division of Workforce Services, when the amount of the contribution, interest, and penalties is determined, either by the report of the employer or by such investigations as the director may have made, to assess the contributions, interest, and penalties so determined against the delinquent employer and to certify the amount of the contributions, interest, and penalties and mail or otherwise deliver a copy of the assessment to the delinquent employer.

(2) (A) At the end of ten (10) days thereafter, the assessment shall become prima facie correct, and the director shall certify the amount of the delinquent contributions, interest, and penalties to the clerk of the circuit court of the county wherein the employer is domiciled or has a place of business, and it shall be the duty of the clerk to file the certificate of record and to enter it in the record of the circuit court for judgment and decree under the procedure prescribed for filing transcripts of judgments by § 16-19-1011 [repealed]. (B) Thereupon, the assessment shall have the force and effect of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) a year.

(A) At the end of ten (10) days thereafter, the assessment shall become prima facie correct, and the director shall certify the amount of the delinquent contributions, interest, and penalties to the clerk of the circuit court of the county wherein the employer is domiciled or has a place of business, and it shall be the duty of the clerk to file the certificate of record and to enter it in the record of the circuit court for judgment and decree under the procedure prescribed for filing transcripts of judgments by § 16-19-1011 [repealed].

(B) Thereupon, the assessment shall have the force and effect of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) a year.

(3) Execution shall be issuable, at the request of the director, his or her agent or attorney, or any other employee of the Division of Workforce Services, forthwith by the clerk of the circuit court, directed to the sheriff, who shall make a levy on any property, assets, or effects of the employer against whom the contribution is assessed.

(b) No exemption shall be allowed to the employer from the levy of an execution issued for contributions, interest, and penalties, and no indemnifying bond shall ever be required by the sheriff before making levy.

(c) (1) If any officer to whom any execution, as provided for in this section, shall be delivered shall neglect or refuse to execute or levy it according to law, or shall take in execution any property, or if any property be delivered to him or her by any person against whom an execution may have been issued, and the officer shall neglect or refuse to make sale of the property so taken or delivered according to law, or if any officer shall not return any execution on or before the return day therein specified, or shall make a false return thereof, then, and in any of the cases aforesaid, the officer shall be liable and bound to pay the whole amount of money in the execution specified, or thereon endorsed and directed to be levied. (2) It shall be the duty of the clerk of the court from which any execution may be issued to endorse thereon the time when the execution was returned.

(1) If any officer to whom any execution, as provided for in this section, shall be delivered shall neglect or refuse to execute or levy it according to law, or shall take in execution any property, or if any property be delivered to him or her by any person against whom an execution may have been issued, and the officer shall neglect or refuse to make sale of the property so taken or delivered according to law, or if any officer shall not return any execution on or before the return day therein specified, or shall make a false return thereof, then, and in any of the cases aforesaid, the officer shall be liable and bound to pay the whole amount of money in the execution specified, or thereon endorsed and directed to be levied.

(2) It shall be the duty of the clerk of the court from which any execution may be issued to endorse thereon the time when the execution was returned.

(d) (1) An aggrieved employer may have a review of the action of the director in making an assessment for contributions, interest, or penalties, by filing, within ten (10) days after the filing of the assessment with the clerk, a petition for review in the circuit court having jurisdiction. (2) All actions for review shall have precedence on the docket of the court where filed, and all appeals from the action of any court on the review shall be prosecuted within thirty (30) days after the final order of the court is made.

(1) An aggrieved employer may have a review of the action of the director in making an assessment for contributions, interest, or penalties, by filing, within ten (10) days after the filing of the assessment with the clerk, a petition for review in the circuit court having jurisdiction.

(2) All actions for review shall have precedence on the docket of the court where filed, and all appeals from the action of any court on the review shall be prosecuted within thirty (30) days after the final order of the court is made.

Amended by Act 2019, No. 910,§ 308, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 307, eff. 7/1/2019.

Acts 1941, No. 391, § 14; 1943, No. 138, § 19; 1947, No. 398, § 12; 1977, No. 376, § 16; 1985, No. 8, § 28; 1985, No. 9, § 28; A.S.A. 1947, § 81-1117; Acts 1991, No. 100, §§ 50, 51.
Ark. Code Ann. § 11-10-601 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-601
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires, the following definitions shall apply: (1) (A) "Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan. (B) "Sub-group" means a group of employees which constitutes at least ten percent (10%) of the employees in an affected group; (2) "Approved plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of § 11-10-604 , and which plan has been approved in writing by the Director of the Division of Workforce Services; (3) "Fringe benefits" includes, but is not limited to, such advantages as health insurance (hospital, medical, and dental services, etc.), retirement benefits under defined benefit pension plans as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, paid vacation and holidays, sick leave, etc., which are incidents of employment in addition to the cash remuneration earned; (4) "Normal weekly hours of work" means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime; (5) "Shared work benefits" means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other provisions of this chapter; (6) "Shared work employer" means an employer with a shared work plan in effect. An individual who, or an employing unit which, succeeds to or acquires, pursuant to § 11-10-710 , an organization, trade, or business with a shared work plan in effect automatically becomes a shared work employer and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and (7) "Unemployment compensation" means the unemployment benefits payable under this chapter other than shared work benefits and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. Amended by Act 2019, No. 910,§ 275, eff. 7/1/2019. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 34.

As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:

(1) (A) "Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan. (B) "Sub-group" means a group of employees which constitutes at least ten percent (10%) of the employees in an affected group;

(A) "Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan.

(B) "Sub-group" means a group of employees which constitutes at least ten percent (10%) of the employees in an affected group;

(2) "Approved plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of § 11-10-604 , and which plan has been approved in writing by the Director of the Division of Workforce Services;

(3) "Fringe benefits" includes, but is not limited to, such advantages as health insurance (hospital, medical, and dental services, etc.), retirement benefits under defined benefit pension plans as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, paid vacation and holidays, sick leave, etc., which are incidents of employment in addition to the cash remuneration earned;

(4) "Normal weekly hours of work" means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime;

(5) "Shared work benefits" means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other provisions of this chapter;

(6) "Shared work employer" means an employer with a shared work plan in effect. An individual who, or an employing unit which, succeeds to or acquires, pursuant to § 11-10-710 , an organization, trade, or business with a shared work plan in effect automatically becomes a shared work employer and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and

(7) "Unemployment compensation" means the unemployment benefits payable under this chapter other than shared work benefits and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

Amended by Act 2019, No. 910,§ 275, eff. 7/1/2019.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 34.
Ark. Code Ann. § 11-10-109 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-109
Protection of rights and benefits - Assignment, pledge, or encumbrance of benefits prohibited
Status: in_force

(a) Except as elsewhere provided in this section and § 11-10-110 , any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. (b) Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt. (c) Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his or her spouse or dependents during the time when that individual was unemployed. (d) Any waiver of any exemption provided for in this section and § 11-10-110 shall be void. (e) Benefits shall be subject to tax levies issued by the Internal Revenue Service in accordance with 26 U.S.C. § 6331(h) provided that an agreement is entered into between the Internal Revenue Service and the Division of Workforce Services and approved by the United States Department of Labor that provides for the payment of all administrative costs associated with processing the tax levies. Amended by Act 2019, No. 910,§ 175, eff. 7/1/2019. Acts 1941, No. 391, § 15; 1981 (Ex. Sess.), No. 37, § 2; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 2.

(a) Except as elsewhere provided in this section and § 11-10-110 , any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void.

(b) Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt.

(c) Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his or her spouse or dependents during the time when that individual was unemployed.

(d) Any waiver of any exemption provided for in this section and § 11-10-110 shall be void.

(e) Benefits shall be subject to tax levies issued by the Internal Revenue Service in accordance with 26 U.S.C. § 6331(h) provided that an agreement is entered into between the Internal Revenue Service and the Division of Workforce Services and approved by the United States Department of Labor that provides for the payment of all administrative costs associated with processing the tax levies.

Amended by Act 2019, No. 910,§ 175, eff. 7/1/2019.

Acts 1941, No. 391, § 15; 1981 (Ex. Sess.), No. 37, § 2; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 2.
Ark. Code Ann. § 11-10-1009 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1009
Sale of bonds
Status: in_force

(a) The Arkansas Unemployment Trust Fund Bonds may be sold in any manner, either at private or public sale, and upon terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effecting the purposes of this subchapter. (b) (1) If the bonds are to be sold at public sale, the Arkansas Development Finance Authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that such offering is being made. (2) The Arkansas Development Finance Authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected. (c) The Arkansas Development Finance Authority may structure the sale of bonds utilizing financing techniques that are recommended by the Arkansas Development Finance Authority's professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of this subchapter. (d) The Arkansas Development Finance Authority may enter into any ancillary agreements in connection with the sale of the bonds as the Arkansas Development Finance Authority deems necessary and advisable, including without limitation bond purchase agreements, remarketing agreements, and letter of credit and reimbursement agreements. Acts 2011, No. 1125, § 1.

(a) The Arkansas Unemployment Trust Fund Bonds may be sold in any manner, either at private or public sale, and upon terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effecting the purposes of this subchapter.

(b) (1) If the bonds are to be sold at public sale, the Arkansas Development Finance Authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that such offering is being made. (2) The Arkansas Development Finance Authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.

(1) If the bonds are to be sold at public sale, the Arkansas Development Finance Authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that such offering is being made.

(2) The Arkansas Development Finance Authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.

(c) The Arkansas Development Finance Authority may structure the sale of bonds utilizing financing techniques that are recommended by the Arkansas Development Finance Authority's professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of this subchapter.

(d) The Arkansas Development Finance Authority may enter into any ancillary agreements in connection with the sale of the bonds as the Arkansas Development Finance Authority deems necessary and advisable, including without limitation bond purchase agreements, remarketing agreements, and letter of credit and reimbursement agreements.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-4-214 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-214
Temporary special exemptions - Definition
Status: in_force

(a) Any individual affected by lack of skill, age, or disability in a way that his or her earning capacity is impaired shall be granted a temporary special exemption license or permit authorizing the employment of the individual at wages lower than the minimum prescribed in this subchapter until such time as the Director of the Division of Labor shall hold a hearing and prescribe rules regarding exemption of these individuals as authorized in this section. (b) (1) The director may provide by rule, after notice and public hearing at which any person may be heard, for the employment in any occupation of individuals whose earning capacity is impaired by age or disability at wages lower than the minimum wage rate provided in § 11-4-210 as he or she may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rate under this subchapter. (2) In addition, the director, by rule or special order, may provide for the employment of individuals whose earning capacity is impaired by age or disability in work activities centers under special certificates at wages that are less than the minimum prescribed in § 11-4-210 that the director determines constitutes equitable compensation for the clients in work activities centers. (c) For the purposes of this section, the term "work activities centers" shall mean centers planned and designed exclusively to provide therapeutic activities for clients with disabilities whose physical and mental impairment is so severe as to make their productivity capacities inconsequential. Amended by Act 2023, No. 503,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 762, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5315, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 6; A.S.A. 1947, § 81-324; Acts 2001, No. 1423, § 6.

(a) Any individual affected by lack of skill, age, or disability in a way that his or her earning capacity is impaired shall be granted a temporary special exemption license or permit authorizing the employment of the individual at wages lower than the minimum prescribed in this subchapter until such time as the Director of the Division of Labor shall hold a hearing and prescribe rules regarding exemption of these individuals as authorized in this section.

(b) (1) The director may provide by rule, after notice and public hearing at which any person may be heard, for the employment in any occupation of individuals whose earning capacity is impaired by age or disability at wages lower than the minimum wage rate provided in § 11-4-210 as he or she may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rate under this subchapter. (2) In addition, the director, by rule or special order, may provide for the employment of individuals whose earning capacity is impaired by age or disability in work activities centers under special certificates at wages that are less than the minimum prescribed in § 11-4-210 that the director determines constitutes equitable compensation for the clients in work activities centers.

(1) The director may provide by rule, after notice and public hearing at which any person may be heard, for the employment in any occupation of individuals whose earning capacity is impaired by age or disability at wages lower than the minimum wage rate provided in § 11-4-210 as he or she may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rate under this subchapter.

(2) In addition, the director, by rule or special order, may provide for the employment of individuals whose earning capacity is impaired by age or disability in work activities centers under special certificates at wages that are less than the minimum prescribed in § 11-4-210 that the director determines constitutes equitable compensation for the clients in work activities centers.

(c) For the purposes of this section, the term "work activities centers" shall mean centers planned and designed exclusively to provide therapeutic activities for clients with disabilities whose physical and mental impairment is so severe as to make their productivity capacities inconsequential.

Amended by Act 2023, No. 503,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 762, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5315, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 6; A.S.A. 1947, § 81-324; Acts 2001, No. 1423, § 6.
Ark. Code Ann. § 11-7-313 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-313
Washroom and lockers
Status: in_force

(a) It shall be the duty of every owner or lessee, its officers and agents, or other persons having jurisdiction or direction of any coal mine within the State of Arkansas to provide a suitable building which shall be convenient to the principal entrance of the mine and equipped with individual lockers or hangers, benches or seats, proper light, heat, hot and cold water, and shower baths, and maintain them in good order for the use and benefit of all persons employed in or about the mine. (b) (1) The building shall be constructed so as to give sufficient floor space for the accommodation of miners or others using it. (2) The flooring in the washroom of the building is to be made of concrete or cement, but the material used in flooring the changing room shall be optional with the owner, lessee, or person operating or directing the operation of the mine. (3) (A) All lockers required by this section, when made of steel, shall be not less than twelve inches (12") in width, twelve inches (12") in depth, and sixty inches (60") in height. (B) When the lockers are made of lumber, they shall not be less than twelve inches (12") in depth, twelve inches (12") in width, and sixty inches (60") in height, with partitions in the center. (4) Individual hangers shall consist of not less than three (3) suitable hooks upon which to hang clothing and a receptacle of suitable size for use in connection therewith, attached to a proper chain or wire rope, and suspended so as to admit of the hanger being raised to such height that the wearing apparel, when hung thereon, will not be less than seven feet (7') above the floor of the building and capable of being locked in that position. (5) The lockers or hangers in each washhouse shall be sufficient in number to accommodate all employees of the mine or mines, and there shall be one (1) shower bath for each fifteen (15) employees. (c) The employees shall furnish their own towels, soap, and lock for their lockers or hangers and shall exercise control over and be responsible for the property by them left therein. (d) It shall be the duty of all persons using the washhouses to remove therefrom all cast-off wearing apparel. (e) Every corporation, company, partnership, or person, who or which shall construct any building required by subsections (a)-(d) of this section and shall install the washhouse and washhouse facilities as required therein, shall at all times during the operation of any mine keep them in a clean and sanitary condition but shall not be liable for the loss or destruction of any property of employees left in the building. (f) It shall be the duty of the State Mine Inspector, and he or she is by this section authorized, to require washhouses already in existence to be so changed, remodeled, and improved as to comply with the provisions of this section. He or she shall have general supervision of this chapter and its enforcement. (g) (1) Any owner or lessee, its officers or agents, or other person or persons failing or refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day's violation shall constitute a separate offense and shall be punished as such. (h) (1) It shall be unlawful for any person to break, injure, or destroy any part or appurtenance to any washhouse or commit any nuisance therein. (2) Any person adjudged guilty of a violation of this subsection shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Acts 1919, No. 134, §§ 1-4, 6; C. & M. Dig., §§ 7287-7290, 7292; Pope's Dig., §§ 9343-9346, 9348; A.S.A. 1947, §§ 52-621--52-624, 52-626.

(a) It shall be the duty of every owner or lessee, its officers and agents, or other persons having jurisdiction or direction of any coal mine within the State of Arkansas to provide a suitable building which shall be convenient to the principal entrance of the mine and equipped with individual lockers or hangers, benches or seats, proper light, heat, hot and cold water, and shower baths, and maintain them in good order for the use and benefit of all persons employed in or about the mine.

(b) (1) The building shall be constructed so as to give sufficient floor space for the accommodation of miners or others using it. (2) The flooring in the washroom of the building is to be made of concrete or cement, but the material used in flooring the changing room shall be optional with the owner, lessee, or person operating or directing the operation of the mine. (3) (A) All lockers required by this section, when made of steel, shall be not less than twelve inches (12") in width, twelve inches (12") in depth, and sixty inches (60") in height. (B) When the lockers are made of lumber, they shall not be less than twelve inches (12") in depth, twelve inches (12") in width, and sixty inches (60") in height, with partitions in the center. (4) Individual hangers shall consist of not less than three (3) suitable hooks upon which to hang clothing and a receptacle of suitable size for use in connection therewith, attached to a proper chain or wire rope, and suspended so as to admit of the hanger being raised to such height that the wearing apparel, when hung thereon, will not be less than seven feet (7') above the floor of the building and capable of being locked in that position. (5) The lockers or hangers in each washhouse shall be sufficient in number to accommodate all employees of the mine or mines, and there shall be one (1) shower bath for each fifteen (15) employees.

(1) The building shall be constructed so as to give sufficient floor space for the accommodation of miners or others using it.

(2) The flooring in the washroom of the building is to be made of concrete or cement, but the material used in flooring the changing room shall be optional with the owner, lessee, or person operating or directing the operation of the mine.

(3) (A) All lockers required by this section, when made of steel, shall be not less than twelve inches (12") in width, twelve inches (12") in depth, and sixty inches (60") in height. (B) When the lockers are made of lumber, they shall not be less than twelve inches (12") in depth, twelve inches (12") in width, and sixty inches (60") in height, with partitions in the center.

(A) All lockers required by this section, when made of steel, shall be not less than twelve inches (12") in width, twelve inches (12") in depth, and sixty inches (60") in height.

(B) When the lockers are made of lumber, they shall not be less than twelve inches (12") in depth, twelve inches (12") in width, and sixty inches (60") in height, with partitions in the center.

(4) Individual hangers shall consist of not less than three (3) suitable hooks upon which to hang clothing and a receptacle of suitable size for use in connection therewith, attached to a proper chain or wire rope, and suspended so as to admit of the hanger being raised to such height that the wearing apparel, when hung thereon, will not be less than seven feet (7') above the floor of the building and capable of being locked in that position.

(5) The lockers or hangers in each washhouse shall be sufficient in number to accommodate all employees of the mine or mines, and there shall be one (1) shower bath for each fifteen (15) employees.

(c) The employees shall furnish their own towels, soap, and lock for their lockers or hangers and shall exercise control over and be responsible for the property by them left therein.

(d) It shall be the duty of all persons using the washhouses to remove therefrom all cast-off wearing apparel.

(e) Every corporation, company, partnership, or person, who or which shall construct any building required by subsections (a)-(d) of this section and shall install the washhouse and washhouse facilities as required therein, shall at all times during the operation of any mine keep them in a clean and sanitary condition but shall not be liable for the loss or destruction of any property of employees left in the building.

(f) It shall be the duty of the State Mine Inspector, and he or she is by this section authorized, to require washhouses already in existence to be so changed, remodeled, and improved as to comply with the provisions of this section. He or she shall have general supervision of this chapter and its enforcement.

(g) (1) Any owner or lessee, its officers or agents, or other person or persons failing or refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day's violation shall constitute a separate offense and shall be punished as such.

(1) Any owner or lessee, its officers or agents, or other person or persons failing or refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

(2) Each day's violation shall constitute a separate offense and shall be punished as such.

(h) (1) It shall be unlawful for any person to break, injure, or destroy any part or appurtenance to any washhouse or commit any nuisance therein. (2) Any person adjudged guilty of a violation of this subsection shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

(1) It shall be unlawful for any person to break, injure, or destroy any part or appurtenance to any washhouse or commit any nuisance therein.

(2) Any person adjudged guilty of a violation of this subsection shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

Acts 1919, No. 134, §§ 1-4, 6; C. & M. Dig., §§ 7287-7290, 7292; Pope's Dig., §§ 9343-9346, 9348; A.S.A. 1947, §§ 52-621--52-624, 52-626.
Ark. Code Ann. § 11-9-207 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-207
Powers and duties
Status: in_force

(a) In addition to its other duties and powers, the Workers' Compensation Commission is given and granted full power and authority: (1) To hear and determine all claims for compensation, including claims based upon injuries which occurred outside the State of Arkansas for which compensation is payable under this chapter; (2) To require and order medical services for and examinations of injured employees and to employ special medical examiners and advisors who shall be paid not to exceed twenty-five dollars ($25.00) per day and reasonable traveling expenses; (3) To approve claims for medical services and attorney's fees; (4) To excuse failure to give notice either of injury or death of any employee; (5) To approve agreements, make, modify, or rescind awards, and make and enter findings of fact and rulings of law; (6) To enter orders in appealed cases; (7) To determine the time for the payment of compensation and order the reimbursement of employers for amounts advanced; (8) To assess penalties; (9) To prescribe rules governing the representation of employees, employers, and carriers in respect to claims before the commission; (10) To issue subpoenas, administer oaths, and take testimony, by deposition or otherwise; (11) To make surveys and to determine the existence and prevalence of occupational disease hazards within this state, to determine the measures necessary to eliminate or reduce these hazards, and to add to the schedule of occupational diseases subject to appropriate conditions and after public hearing; (12) To make available all records in connection with all cases of personal injury to the Secretary of the Department of Labor and Licensing. The secretary may propose rules for the prevention of injuries and transmit the rules to the commission. The commission may recommend proposed rules for prevention of injuries to the secretary; (13) To have and exercise all other powers and duties conferred or imposed by this chapter; and (14) To transfer the excess of income over expenses from the commission's annual educational conference to Kids' Chance of Arkansas, Inc., a nonprofit charitable organization designed to provide scholarships to children of workers who have been killed or become permanently and totally disabled from a compensable injury, including any accumulation from prior years' conferences. (b) (1) In addition to the other powers and duties granted to the commission in this section and otherwise provided by law, the commission is authorized to establish and impose reasonable fees to recover the cost of preparation of various informative materials distributed by the commission. (2) The fees shall be established by rule of the commission. (3) Funds derived from fees shall be deposited into the Workers' Compensation Fund to be used to defray expenses incurred in preparation and distribution of materials. Amended by Act 2019, No. 315,§ 781, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 780, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5358, eff. 7/1/2019. Init. Meas. 1948, No. 4, § 43, Acts 1949, p. 1420; Acts 1981, No. 630, § 1; A.S.A. 1947, §§ 81-1343, 81-1343.1; Acts 2001, No. 1757, § 3.

(a) In addition to its other duties and powers, the Workers' Compensation Commission is given and granted full power and authority: (1) To hear and determine all claims for compensation, including claims based upon injuries which occurred outside the State of Arkansas for which compensation is payable under this chapter; (2) To require and order medical services for and examinations of injured employees and to employ special medical examiners and advisors who shall be paid not to exceed twenty-five dollars ($25.00) per day and reasonable traveling expenses; (3) To approve claims for medical services and attorney's fees; (4) To excuse failure to give notice either of injury or death of any employee; (5) To approve agreements, make, modify, or rescind awards, and make and enter findings of fact and rulings of law; (6) To enter orders in appealed cases; (7) To determine the time for the payment of compensation and order the reimbursement of employers for amounts advanced; (8) To assess penalties; (9) To prescribe rules governing the representation of employees, employers, and carriers in respect to claims before the commission; (10) To issue subpoenas, administer oaths, and take testimony, by deposition or otherwise; (11) To make surveys and to determine the existence and prevalence of occupational disease hazards within this state, to determine the measures necessary to eliminate or reduce these hazards, and to add to the schedule of occupational diseases subject to appropriate conditions and after public hearing; (12) To make available all records in connection with all cases of personal injury to the Secretary of the Department of Labor and Licensing. The secretary may propose rules for the prevention of injuries and transmit the rules to the commission. The commission may recommend proposed rules for prevention of injuries to the secretary; (13) To have and exercise all other powers and duties conferred or imposed by this chapter; and (14) To transfer the excess of income over expenses from the commission's annual educational conference to Kids' Chance of Arkansas, Inc., a nonprofit charitable organization designed to provide scholarships to children of workers who have been killed or become permanently and totally disabled from a compensable injury, including any accumulation from prior years' conferences.

(1) To hear and determine all claims for compensation, including claims based upon injuries which occurred outside the State of Arkansas for which compensation is payable under this chapter;

(2) To require and order medical services for and examinations of injured employees and to employ special medical examiners and advisors who shall be paid not to exceed twenty-five dollars ($25.00) per day and reasonable traveling expenses;

(3) To approve claims for medical services and attorney's fees;

(4) To excuse failure to give notice either of injury or death of any employee;

(5) To approve agreements, make, modify, or rescind awards, and make and enter findings of fact and rulings of law;

(6) To enter orders in appealed cases;

(7) To determine the time for the payment of compensation and order the reimbursement of employers for amounts advanced;

(8) To assess penalties;

(9) To prescribe rules governing the representation of employees, employers, and carriers in respect to claims before the commission;

(10) To issue subpoenas, administer oaths, and take testimony, by deposition or otherwise;

(11) To make surveys and to determine the existence and prevalence of occupational disease hazards within this state, to determine the measures necessary to eliminate or reduce these hazards, and to add to the schedule of occupational diseases subject to appropriate conditions and after public hearing;

(12) To make available all records in connection with all cases of personal injury to the Secretary of the Department of Labor and Licensing. The secretary may propose rules for the prevention of injuries and transmit the rules to the commission. The commission may recommend proposed rules for prevention of injuries to the secretary;

(13) To have and exercise all other powers and duties conferred or imposed by this chapter; and

(14) To transfer the excess of income over expenses from the commission's annual educational conference to Kids' Chance of Arkansas, Inc., a nonprofit charitable organization designed to provide scholarships to children of workers who have been killed or become permanently and totally disabled from a compensable injury, including any accumulation from prior years' conferences.

(b) (1) In addition to the other powers and duties granted to the commission in this section and otherwise provided by law, the commission is authorized to establish and impose reasonable fees to recover the cost of preparation of various informative materials distributed by the commission. (2) The fees shall be established by rule of the commission. (3) Funds derived from fees shall be deposited into the Workers' Compensation Fund to be used to defray expenses incurred in preparation and distribution of materials.

(1) In addition to the other powers and duties granted to the commission in this section and otherwise provided by law, the commission is authorized to establish and impose reasonable fees to recover the cost of preparation of various informative materials distributed by the commission.

(2) The fees shall be established by rule of the commission.

(3) Funds derived from fees shall be deposited into the Workers' Compensation Fund to be used to defray expenses incurred in preparation and distribution of materials.

Amended by Act 2019, No. 315,§ 781, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 780, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5358, eff. 7/1/2019.

Init. Meas. 1948, No. 4, § 43, Acts 1949, p. 1420; Acts 1981, No. 630, § 1; A.S.A. 1947, §§ 81-1343, 81-1343.1; Acts 2001, No. 1757, § 3.