Ark. Code Ann. § 11-4-221 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-221
Relief from liability under this subchapter for failure to pay minimum wage or overtime compensation
Status: in_force

(a) Except as provided in subsection (b) of this section, an employer is not subject to liability under this subchapter, on account of the failure of the employer to pay an employee minimum wages or to pay an employee overtime compensation, for or on account of any of the following activities of the employee: (1) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which the employee is employed to perform; (2) (A) An activity that is preliminary to or postliminary to the principal activity or activities, which occurs either before the time on any particular workday at which the employee commences or subsequent to the time on any particular workday at which he or she ceases the principal activity or activities. (B) For purposes of subdivision (a)(2)(A) of this section, the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of the vehicle for commuting shall not be considered part of the employee's principal activities if the use of the vehicle for travel is within the normal commuting area for the employer's business or establishment and the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee; and (3) For an employee of a motor carrier employed in a driving capacity, in addition to those activities listed in subdivisions (a)(1) and (2) of this section, an activity that occurs while the employee is: (A) Traveling to or from a personal residence; (B) Engaging in a personal activity that is not primarily in furtherance of the employer's business; or (C) Logging time as "off-duty" or "sleeper berth". (b) Notwithstanding the provisions of subsection (a) of this section that relieve an employer from liability and punishment with respect to any activity, the employer is not relieved from liability if the activity is compensable by either: (1) An express provision of a written or oral contract in effect at the time of the activity between the employee, his or her agent, or collective-bargaining representative and his or her employer; or (2) A custom or practice in effect at the time of the activity at the establishment or other place where the employee is employed covering the activity, not inconsistent with a written or oral contract in effect at the time of the activity, between the employee, his or her agent, or collective-bargaining representative and his or her employer. (c) For the purposes of subsection (b) of this section, an activity shall be considered as compensable under a contract provision or a custom or practice only when the activity is engaged in during the portion of the day with respect to which it is compensable. (d) In the application of the minimum wage and overtime compensation provisions of this subchapter, in determining the time for which an employer employs an employee with respect to walking, riding, traveling, or other preliminary or postliminary activities described in subsection (a) of this section, the time, but only that time, during which the employee engages in any activity which is compensable within the meaning of subsections (b) and (c) of this section shall be counted. (e) This section applies only to conduct occurring on or after April 5, 2017. Amended by Act 2021, No. 91,§ 1, eff. 7/28/2021. Added by Act 2017, No. 914,§ 4, eff. 4/5/2017.

(a) Except as provided in subsection (b) of this section, an employer is not subject to liability under this subchapter, on account of the failure of the employer to pay an employee minimum wages or to pay an employee overtime compensation, for or on account of any of the following activities of the employee: (1) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which the employee is employed to perform; (2) (A) An activity that is preliminary to or postliminary to the principal activity or activities, which occurs either before the time on any particular workday at which the employee commences or subsequent to the time on any particular workday at which he or she ceases the principal activity or activities. (B) For purposes of subdivision (a)(2)(A) of this section, the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of the vehicle for commuting shall not be considered part of the employee's principal activities if the use of the vehicle for travel is within the normal commuting area for the employer's business or establishment and the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee; and (3) For an employee of a motor carrier employed in a driving capacity, in addition to those activities listed in subdivisions (a)(1) and (2) of this section, an activity that occurs while the employee is: (A) Traveling to or from a personal residence; (B) Engaging in a personal activity that is not primarily in furtherance of the employer's business; or (C) Logging time as "off-duty" or "sleeper berth".

(1) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which the employee is employed to perform;

(2) (A) An activity that is preliminary to or postliminary to the principal activity or activities, which occurs either before the time on any particular workday at which the employee commences or subsequent to the time on any particular workday at which he or she ceases the principal activity or activities. (B) For purposes of subdivision (a)(2)(A) of this section, the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of the vehicle for commuting shall not be considered part of the employee's principal activities if the use of the vehicle for travel is within the normal commuting area for the employer's business or establishment and the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee; and

(A) An activity that is preliminary to or postliminary to the principal activity or activities, which occurs either before the time on any particular workday at which the employee commences or subsequent to the time on any particular workday at which he or she ceases the principal activity or activities.

(B) For purposes of subdivision (a)(2)(A) of this section, the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of the vehicle for commuting shall not be considered part of the employee's principal activities if the use of the vehicle for travel is within the normal commuting area for the employer's business or establishment and the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee; and

(3) For an employee of a motor carrier employed in a driving capacity, in addition to those activities listed in subdivisions (a)(1) and (2) of this section, an activity that occurs while the employee is: (A) Traveling to or from a personal residence; (B) Engaging in a personal activity that is not primarily in furtherance of the employer's business; or (C) Logging time as "off-duty" or "sleeper berth".

(A) Traveling to or from a personal residence;

(B) Engaging in a personal activity that is not primarily in furtherance of the employer's business; or

(C) Logging time as "off-duty" or "sleeper berth".

(b) Notwithstanding the provisions of subsection (a) of this section that relieve an employer from liability and punishment with respect to any activity, the employer is not relieved from liability if the activity is compensable by either: (1) An express provision of a written or oral contract in effect at the time of the activity between the employee, his or her agent, or collective-bargaining representative and his or her employer; or (2) A custom or practice in effect at the time of the activity at the establishment or other place where the employee is employed covering the activity, not inconsistent with a written or oral contract in effect at the time of the activity, between the employee, his or her agent, or collective-bargaining representative and his or her employer.

(1) An express provision of a written or oral contract in effect at the time of the activity between the employee, his or her agent, or collective-bargaining representative and his or her employer; or

(2) A custom or practice in effect at the time of the activity at the establishment or other place where the employee is employed covering the activity, not inconsistent with a written or oral contract in effect at the time of the activity, between the employee, his or her agent, or collective-bargaining representative and his or her employer.

(c) For the purposes of subsection (b) of this section, an activity shall be considered as compensable under a contract provision or a custom or practice only when the activity is engaged in during the portion of the day with respect to which it is compensable.

(d) In the application of the minimum wage and overtime compensation provisions of this subchapter, in determining the time for which an employer employs an employee with respect to walking, riding, traveling, or other preliminary or postliminary activities described in subsection (a) of this section, the time, but only that time, during which the employee engages in any activity which is compensable within the meaning of subsections (b) and (c) of this section shall be counted.

(e) This section applies only to conduct occurring on or after April 5, 2017.

Amended by Act 2021, No. 91,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 914,§ 4, eff. 4/5/2017.
Ark. Code Ann. § 11-10-307 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-307
Director - Rules
Status: in_force

(a) (1) General, special, and emergency rules may be adopted, amended, or rescinded by the Director of the Division of Workforce Services only after public hearing or opportunity to be heard thereon, on which proper notice has been given. (2) General rules shall become effective ten (10) days after filing with the Secretary of State and publication in one (1) or more newspapers of general circulation in this state. (3) Special rules shall become effective ten (10) days after notification to or mailing to the last known address of the individuals or employing units affected thereby. (4) (A) Emergency rules shall be: (i) Effective upon filing with the Secretary of State and posting on the Division of Workforce Services' website; and (ii) Published in one (1) or more newspapers of general circulation in this state as soon as possible following the effective date. (B) Emergency rules are subject to review and approval by the Executive Subcommittee of the Legislative Council under § 10-3-309(d) . (b) Rules may be adopted, amended, or rescinded by the director and shall become effective in the manner and at the time prescribed by the director. Amended by Act 2023, No. 197,§ 1, eff. 3/6/2023. Amended by Act 2019, No. 315,§ 809, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 194, eff. 7/1/2019. Acts 1941, No. 391, § 11; A.S.A. 1947, § 81-1114.

(a) (1) General, special, and emergency rules may be adopted, amended, or rescinded by the Director of the Division of Workforce Services only after public hearing or opportunity to be heard thereon, on which proper notice has been given. (2) General rules shall become effective ten (10) days after filing with the Secretary of State and publication in one (1) or more newspapers of general circulation in this state. (3) Special rules shall become effective ten (10) days after notification to or mailing to the last known address of the individuals or employing units affected thereby. (4) (A) Emergency rules shall be: (i) Effective upon filing with the Secretary of State and posting on the Division of Workforce Services' website; and (ii) Published in one (1) or more newspapers of general circulation in this state as soon as possible following the effective date. (B) Emergency rules are subject to review and approval by the Executive Subcommittee of the Legislative Council under § 10-3-309(d) .

(1) General, special, and emergency rules may be adopted, amended, or rescinded by the Director of the Division of Workforce Services only after public hearing or opportunity to be heard thereon, on which proper notice has been given.

(2) General rules shall become effective ten (10) days after filing with the Secretary of State and publication in one (1) or more newspapers of general circulation in this state.

(3) Special rules shall become effective ten (10) days after notification to or mailing to the last known address of the individuals or employing units affected thereby.

(4) (A) Emergency rules shall be: (i) Effective upon filing with the Secretary of State and posting on the Division of Workforce Services' website; and (ii) Published in one (1) or more newspapers of general circulation in this state as soon as possible following the effective date. (B) Emergency rules are subject to review and approval by the Executive Subcommittee of the Legislative Council under § 10-3-309(d) .

(A) Emergency rules shall be: (i) Effective upon filing with the Secretary of State and posting on the Division of Workforce Services' website; and (ii) Published in one (1) or more newspapers of general circulation in this state as soon as possible following the effective date.

(i) Effective upon filing with the Secretary of State and posting on the Division of Workforce Services' website; and

(ii) Published in one (1) or more newspapers of general circulation in this state as soon as possible following the effective date.

(B) Emergency rules are subject to review and approval by the Executive Subcommittee of the Legislative Council under § 10-3-309(d) .

(b) Rules may be adopted, amended, or rescinded by the director and shall become effective in the manner and at the time prescribed by the director.

Amended by Act 2023, No. 197,§ 1, eff. 3/6/2023.

Amended by Act 2019, No. 315,§ 809, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 194, eff. 7/1/2019.

Acts 1941, No. 391, § 11; A.S.A. 1947, § 81-1114.
Ark. Code Ann. § 11-9-103 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-103
Applicability
Status: in_force

(a) Every employer and every employee, unless otherwise specifically provided in this chapter, shall be subject to the provisions of this chapter and shall be bound thereby. However, nothing in this chapter shall be construed to conflict with any valid act of the United States Congress governing the liability of employers for injuries received by their employees. (b) This chapter shall apply only to claims for injuries and death based upon accidents which occur from and after December 2, 1948. (c) The Workers' Compensation Law in effect prior to December 2, 1948, shall govern all rights in respect to claims for injuries and death based upon accidents occurring prior to the effective date of this chapter. (d) For purposes of this chapter, employment status as an employee or independent contractor is determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq. Amended by Act 2019, No. 1055,§ 6, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 3, Acts 1949, p. 1420; A.S.A. 1947, § 81-1303.

(a) Every employer and every employee, unless otherwise specifically provided in this chapter, shall be subject to the provisions of this chapter and shall be bound thereby. However, nothing in this chapter shall be construed to conflict with any valid act of the United States Congress governing the liability of employers for injuries received by their employees.

(b) This chapter shall apply only to claims for injuries and death based upon accidents which occur from and after December 2, 1948.

(c) The Workers' Compensation Law in effect prior to December 2, 1948, shall govern all rights in respect to claims for injuries and death based upon accidents occurring prior to the effective date of this chapter.

(d) For purposes of this chapter, employment status as an employee or independent contractor is determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.

Amended by Act 2019, No. 1055,§ 6, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 3, Acts 1949, p. 1420; A.S.A. 1947, § 81-1303.
Ark. Code Ann. § 11-10-1008 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1008
Terms of bonds
Status: in_force

The Arkansas Unemployment Trust Fund Bonds are subject to the following terms and conditions: (1) (A) The bonds may be issued in more than one (1) series in an amount sufficient to accomplish the purposes of this subchapter. (B) The respective series of bonds shall be designated by the year in which the bonds are issued. (C) If one (1) or more series of bonds is to be issued in a particular year, the series shall be designated alphabetically; (2) (A) The bonds shall have the date or dates as the Arkansas Development Finance Authority determines. (B) The bonds shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of the bonds. (C) Refunding bonds issued under § 11-10-1013 shall mature or be subject to mandatory sinking fund redemption over a period not ending later than twelve (12) years after the date of issue of the original bonds; (3) (A) The bonds shall bear interest at the rate or rates determined by the Arkansas Development Finance Authority at the sale of the bonds. (B) The bonds may bear interest at either a fixed or a variable rate or may be convertible from one (1) interest rate mode to another. (C) The interest shall be payable at the times as the Arkansas Development Finance Authority shall determine. (D) The true interest cost of an issue of bonds after taking into account original issue discount and premium and underwriter's discount shall not exceed the federal interest rate; (4) The bonds shall be issued in the form of bonds registered as to both principal and interest without coupons; (5) The Arkansas Development Finance Authority shall determine: (A) The denominations of the bonds; (B) Whether the bonds may be made exchangeable for bonds of another form or denomination bearing the same rate of interest; (C) When the bonds may be made payable and the places within or without the state where the bonds may be payable; (D) Whether the bonds may be made subject to redemption prior to maturity and the manner of and prices for redemption; and (E) Any other terms and conditions; and (6) (A) Each bond shall be executed with the facsimile or manual signatures of the Chair and Secretary of the Arkansas Development Finance Authority and shall have affixed or imprinted thereon the seal of the state. (B) Delivery of the bonds executed shall be valid notwithstanding any change in the persons holding the offices occurring after the bonds have been executed. Acts 2011, No. 1125, § 1.

The Arkansas Unemployment Trust Fund Bonds are subject to the following terms and conditions:

(1) (A) The bonds may be issued in more than one (1) series in an amount sufficient to accomplish the purposes of this subchapter. (B) The respective series of bonds shall be designated by the year in which the bonds are issued. (C) If one (1) or more series of bonds is to be issued in a particular year, the series shall be designated alphabetically;

(A) The bonds may be issued in more than one (1) series in an amount sufficient to accomplish the purposes of this subchapter.

(B) The respective series of bonds shall be designated by the year in which the bonds are issued.

(C) If one (1) or more series of bonds is to be issued in a particular year, the series shall be designated alphabetically;

(2) (A) The bonds shall have the date or dates as the Arkansas Development Finance Authority determines. (B) The bonds shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of the bonds. (C) Refunding bonds issued under § 11-10-1013 shall mature or be subject to mandatory sinking fund redemption over a period not ending later than twelve (12) years after the date of issue of the original bonds;

(A) The bonds shall have the date or dates as the Arkansas Development Finance Authority determines.

(B) The bonds shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of the bonds.

(C) Refunding bonds issued under § 11-10-1013 shall mature or be subject to mandatory sinking fund redemption over a period not ending later than twelve (12) years after the date of issue of the original bonds;

(3) (A) The bonds shall bear interest at the rate or rates determined by the Arkansas Development Finance Authority at the sale of the bonds. (B) The bonds may bear interest at either a fixed or a variable rate or may be convertible from one (1) interest rate mode to another. (C) The interest shall be payable at the times as the Arkansas Development Finance Authority shall determine. (D) The true interest cost of an issue of bonds after taking into account original issue discount and premium and underwriter's discount shall not exceed the federal interest rate;

(A) The bonds shall bear interest at the rate or rates determined by the Arkansas Development Finance Authority at the sale of the bonds.

(B) The bonds may bear interest at either a fixed or a variable rate or may be convertible from one (1) interest rate mode to another.

(C) The interest shall be payable at the times as the Arkansas Development Finance Authority shall determine.

(D) The true interest cost of an issue of bonds after taking into account original issue discount and premium and underwriter's discount shall not exceed the federal interest rate;

(4) The bonds shall be issued in the form of bonds registered as to both principal and interest without coupons;

(5) The Arkansas Development Finance Authority shall determine: (A) The denominations of the bonds; (B) Whether the bonds may be made exchangeable for bonds of another form or denomination bearing the same rate of interest; (C) When the bonds may be made payable and the places within or without the state where the bonds may be payable; (D) Whether the bonds may be made subject to redemption prior to maturity and the manner of and prices for redemption; and (E) Any other terms and conditions; and

(A) The denominations of the bonds;

(B) Whether the bonds may be made exchangeable for bonds of another form or denomination bearing the same rate of interest;

(C) When the bonds may be made payable and the places within or without the state where the bonds may be payable;

(D) Whether the bonds may be made subject to redemption prior to maturity and the manner of and prices for redemption; and

(E) Any other terms and conditions; and

(6) (A) Each bond shall be executed with the facsimile or manual signatures of the Chair and Secretary of the Arkansas Development Finance Authority and shall have affixed or imprinted thereon the seal of the state. (B) Delivery of the bonds executed shall be valid notwithstanding any change in the persons holding the offices occurring after the bonds have been executed.

(A) Each bond shall be executed with the facsimile or manual signatures of the Chair and Secretary of the Arkansas Development Finance Authority and shall have affixed or imprinted thereon the seal of the state.

(B) Delivery of the bonds executed shall be valid notwithstanding any change in the persons holding the offices occurring after the bonds have been executed.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-5-303 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-303
Application of National Electrical Safety Code
Status: in_force

The provisions of the National Electrical Safety Code, as adopted by the State of Arkansas, shall apply in the interpretation of this subchapter. Acts 1963, No. 148, § 4; A.S.A. 1947, § 81-1404; Acts 1989, No. 752, § 3.

The provisions of the National Electrical Safety Code, as adopted by the State of Arkansas, shall apply in the interpretation of this subchapter.

Acts 1963, No. 148, § 4; A.S.A. 1947, § 81-1404; Acts 1989, No. 752, § 3.
Ark. Code Ann. § 11-9-409 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-409
Safety and health loss control consultative services
Status: in_force

(a) Workers' Health and Safety Division. (1) The Workers' Compensation Commission shall establish a Workers' Health and Safety Division, hereinafter referred to as the "division". (2) The division shall collect and serve as a repository for statistical information on workers' health and safety. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall analyze and use the information to identify and assign priorities to safety needs and to better coordinate the safety services provided by public or private organizations, including insurance carriers. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall promote workers' health and safety through educational programs and other innovative programs developed by the division. (3) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall coordinate or supervise the collection of information relating to job safety. (4) The Chair of the Workers' Compensation Commission, the Secretary of the Department of Labor and Licensing, and the Insurance Commissioner shall function as an advisory committee to resolve questions regarding duplication of efforts, assignment of new programs, and other matters that need cooperation and coordination. (5) (A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. Specific educational material shall be directed to high-risk industries and jobs and shall specifically address means and methods of avoiding high frequency but preventable workers' injuries. Other educational material shall be directed to business and industry generally and shall specifically address means and methods of avoiding common workers' injuries. (B) Specific decisions as to what issues and problems should be addressed by such information shall be made by the division in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department and with commission approval after assigning appropriate priorities based on frequency of injuries, degree of hazard, severity of injuries, and similar considerations. (C) Such educational materials shall include specific references to the requirements of state laws and rules and federal laws and regulations, to recommendations and practices of business, industry, and trade associations, and, where needed, to recommended work practices based on recommendations made by the division, in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department, for the prevention of injury. (6) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall cooperate with employers and employees to develop means and methods of educating employees and employers with regard to workplace safety. (7) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall encourage other entities to develop safety courses, safety plans, and safety programs. (8) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall certify safe employers to provide peer review safety programs. (9) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall advise insurance carrier loss control service organizations of hazard classifications, specific employers, industries, occupations, or geographic regions to which loss control services should be directed or of the identity and types of injuries or occupational diseases for prevention of the same to which loss control services should be directed and shall advise insurance carrier loss control service organizations of safety needs and priorities recommended by the division in cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department. (b) Job Safety Information System. (1) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall establish and maintain a job safety information system. (2) (A) The job safety information system shall include a comprehensive database that incorporates all pertinent information relating to each reported injury. (B) The identity of the employee is confidential and may not be disclosed as part of the job safety information system. (3) Employers shall file with the commission such reports as may be necessary. The commission shall promulgate rules and prescribe the form and manner of the reports. (4) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division is authorized, empowered, and directed to obtain, from any state agency, data and statistics, including those compiled for the purpose of ratemaking. (5) The division shall consult the Department of Labor and Licensing and any other affected state agencies in the design of data information and retrieval systems that will accomplish the mutual purposes of those agencies and of the division. (c) Extra-Hazardous Employer Program. (1) (A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall develop a program, including injury frequency, to identify extra-hazardous employers. The term "extra-hazardous employer" includes an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry, an employer whose experience modifier is identified by the commission as too high, and such other employers as may, following a public hearing, be identified as extra-hazardous. (B) The division shall notify each identified extra-hazardous employer or the carrier for the employer that the employer has been identified as an extra-hazardous employer. (2) (A) An employer who receives notification under subdivision (c)(1)(B) of this section must obtain a safety consultation within thirty (30) days from the Department of Labor and Licensing, the employer's insurance carrier, or another professional source approved by the division for that purpose. (B) The safety consultant shall file a written report with the division and the employer setting out any hazardous conditions or practices identified by the safety consultation. (3) The employer and the consultant shall formulate a specific accident prevention plan that addresses the hazards identified by the consultant. The employer shall comply with the accident prevention plan. (4) The division may investigate accidents occurring at the work sites of an employer for whom a plan has been formulated under subdivision (c)(3) of this section, and the division may otherwise monitor the implementation of the accident prevention plan as it finds necessary. (5) (A) Six (6) months after the formulation of an accident prevention plan prescribed by subdivision (c)(3) of this section, the division shall conduct a follow-up inspection of the employer's premises. The division may require the participation of the safety consultant who performed the initial consultation and formulated the safety plan. (B) If the division determines that the employer has complied with the terms of the accident prevention plan or has implemented other acceptable corrective measures, the division shall so certify. (C) An employer who the division determines has failed or refused to implement the accident prevention plan or other suitable hazard abatement measures is subject to civil penalties as follows: (i) The commission may assess a civil penalty against an employer who fails or refuses to implement the accident prevention plan or other suitable hazard abatement procedures in an amount up to one thousand dollars ($1,000) per day of violation payable to the Death and Permanent Total Disability Trust Fund; and (ii) Furthermore, the commission may petition the Pulaski County Circuit Court, or of the county where the business is located, for an order enjoining the employer from engaging in further employment until such time as the employer implements the prevention plan or abatement measure described above or makes payment of all civil penalties. (6) If, at the time of the inspection required under subdivision (c)(5)(A) of this section, the employer continues to exceed the injury frequencies that may reasonably be expected in that employer's business or industry, the division shall continue to monitor the safety conditions at the work site and may formulate additional safety plans reasonably calculated to abate hazards. The employer shall comply with the plans and may be subject to additional penalties for failure to implement the plan or plans. (7) An employer may request a hearing before the full commission to contest findings made by the division under this section. (8) The identification as an extra-hazardous employer under this section is not admissible in any judicial proceeding unless the commission has determined that the employer is not in compliance with this section and unless that determination has not been reversed or superseded at the time of the event giving rise to the judicial proceeding. (d) Accident Prevention Services. (1) Any insurance company licensed to provide casualty insurance in the State of Arkansas and desiring to write workers' compensation insurance in Arkansas shall maintain or provide accident prevention services as a prerequisite to write workers' compensation insurance. The services shall be adequate to furnish accident prevention programs required by the nature of its policyholders' operations and shall include surveys, recommendations, training programs, consultations, analyses of accident causes, industrial hygiene, and industrial health services to implement the program of accident prevention services. (2) Notice that services are available to the policyholder from the insurance company must appear in no less than ten-point bold type on the front of each workers' compensation insurance policy delivered or issued for delivery in the state. (3) At least once each year, each insurance company writing workers' compensation insurance in Arkansas must submit to the division detailed information on the type of accident prevention services offered to that insurance company's policyholders. The information must include any additional information required by the commission. (4) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall conduct inspections to determine the adequacy of the accident prevention services required by subdivision (d)(1) of this section at least every two (2) years for each insurance company writing workers' compensation insurance in Arkansas. (5) If the insurance company does not maintain or provide the accident prevention services required by this subsection or if the insurance company does not use the services in a reasonable manner to prevent injury to employees of its policyholders, the insurance company may be subjected to the same civil penalties as are assessable and enforceable against employers as set forth above in subdivision (c)(5)(C) of this section and shall be subject to suspension or revocation of license to do business in this state by the Insurance Commissioner. (6) The commission shall employ the qualified personnel necessary to enforce this section. (e) Immunity from Certain Liability. (1) Except as provided in subdivision (d)(5) of this section, the insurance company, the agent, servant, or employee of the insurance company or self-insured employer, or a safety consultant who performs a safety consultation under this section shall have no liability with respect to any accident based on the allegation that the accident was caused or could have been prevented by a program, inspection, or other activity or service undertaken by the insurance company or self-insured employer for the prevention of accidents in connection with operations of the employer. (2) Provided, however, this immunity shall not affect the liability of the insurance carrier or self-insured employer for compensation or as otherwise provided in this chapter. (f) Exclusive Remedy. This section does not create an independent cause of action at law or in equity. Amended by Act 2019, No. 315,§ 787, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5365, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5364, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5363, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5362, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5361, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5360, eff. 7/1/2019. Acts 1993, No. 796, § 13; 2005, No. 505, § 4.

(a) Workers' Health and Safety Division. (1) The Workers' Compensation Commission shall establish a Workers' Health and Safety Division, hereinafter referred to as the "division". (2) The division shall collect and serve as a repository for statistical information on workers' health and safety. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall analyze and use the information to identify and assign priorities to safety needs and to better coordinate the safety services provided by public or private organizations, including insurance carriers. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall promote workers' health and safety through educational programs and other innovative programs developed by the division. (3) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall coordinate or supervise the collection of information relating to job safety. (4) The Chair of the Workers' Compensation Commission, the Secretary of the Department of Labor and Licensing, and the Insurance Commissioner shall function as an advisory committee to resolve questions regarding duplication of efforts, assignment of new programs, and other matters that need cooperation and coordination. (5) (A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. Specific educational material shall be directed to high-risk industries and jobs and shall specifically address means and methods of avoiding high frequency but preventable workers' injuries. Other educational material shall be directed to business and industry generally and shall specifically address means and methods of avoiding common workers' injuries. (B) Specific decisions as to what issues and problems should be addressed by such information shall be made by the division in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department and with commission approval after assigning appropriate priorities based on frequency of injuries, degree of hazard, severity of injuries, and similar considerations. (C) Such educational materials shall include specific references to the requirements of state laws and rules and federal laws and regulations, to recommendations and practices of business, industry, and trade associations, and, where needed, to recommended work practices based on recommendations made by the division, in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department, for the prevention of injury. (6) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall cooperate with employers and employees to develop means and methods of educating employees and employers with regard to workplace safety. (7) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall encourage other entities to develop safety courses, safety plans, and safety programs. (8) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall certify safe employers to provide peer review safety programs. (9) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall advise insurance carrier loss control service organizations of hazard classifications, specific employers, industries, occupations, or geographic regions to which loss control services should be directed or of the identity and types of injuries or occupational diseases for prevention of the same to which loss control services should be directed and shall advise insurance carrier loss control service organizations of safety needs and priorities recommended by the division in cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department.

(1) The Workers' Compensation Commission shall establish a Workers' Health and Safety Division, hereinafter referred to as the "division".

(2) The division shall collect and serve as a repository for statistical information on workers' health and safety. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall analyze and use the information to identify and assign priorities to safety needs and to better coordinate the safety services provided by public or private organizations, including insurance carriers. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall promote workers' health and safety through educational programs and other innovative programs developed by the division.

(3) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall coordinate or supervise the collection of information relating to job safety.

(4) The Chair of the Workers' Compensation Commission, the Secretary of the Department of Labor and Licensing, and the Insurance Commissioner shall function as an advisory committee to resolve questions regarding duplication of efforts, assignment of new programs, and other matters that need cooperation and coordination.

(5) (A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. Specific educational material shall be directed to high-risk industries and jobs and shall specifically address means and methods of avoiding high frequency but preventable workers' injuries. Other educational material shall be directed to business and industry generally and shall specifically address means and methods of avoiding common workers' injuries. (B) Specific decisions as to what issues and problems should be addressed by such information shall be made by the division in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department and with commission approval after assigning appropriate priorities based on frequency of injuries, degree of hazard, severity of injuries, and similar considerations. (C) Such educational materials shall include specific references to the requirements of state laws and rules and federal laws and regulations, to recommendations and practices of business, industry, and trade associations, and, where needed, to recommended work practices based on recommendations made by the division, in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department, for the prevention of injury.

(A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational material. Specific educational material shall be directed to high-risk industries and jobs and shall specifically address means and methods of avoiding high frequency but preventable workers' injuries. Other educational material shall be directed to business and industry generally and shall specifically address means and methods of avoiding common workers' injuries.

(B) Specific decisions as to what issues and problems should be addressed by such information shall be made by the division in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department and with commission approval after assigning appropriate priorities based on frequency of injuries, degree of hazard, severity of injuries, and similar considerations.

(C) Such educational materials shall include specific references to the requirements of state laws and rules and federal laws and regulations, to recommendations and practices of business, industry, and trade associations, and, where needed, to recommended work practices based on recommendations made by the division, in cooperation and with the assistance of the Department of Labor and Licensing and the State Insurance Department, for the prevention of injury.

(6) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall cooperate with employers and employees to develop means and methods of educating employees and employers with regard to workplace safety.

(7) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall encourage other entities to develop safety courses, safety plans, and safety programs.

(8) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall certify safe employers to provide peer review safety programs.

(9) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall advise insurance carrier loss control service organizations of hazard classifications, specific employers, industries, occupations, or geographic regions to which loss control services should be directed or of the identity and types of injuries or occupational diseases for prevention of the same to which loss control services should be directed and shall advise insurance carrier loss control service organizations of safety needs and priorities recommended by the division in cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department.

(b) Job Safety Information System. (1) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall establish and maintain a job safety information system. (2) (A) The job safety information system shall include a comprehensive database that incorporates all pertinent information relating to each reported injury. (B) The identity of the employee is confidential and may not be disclosed as part of the job safety information system. (3) Employers shall file with the commission such reports as may be necessary. The commission shall promulgate rules and prescribe the form and manner of the reports. (4) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division is authorized, empowered, and directed to obtain, from any state agency, data and statistics, including those compiled for the purpose of ratemaking. (5) The division shall consult the Department of Labor and Licensing and any other affected state agencies in the design of data information and retrieval systems that will accomplish the mutual purposes of those agencies and of the division.

(1) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall establish and maintain a job safety information system.

(2) (A) The job safety information system shall include a comprehensive database that incorporates all pertinent information relating to each reported injury. (B) The identity of the employee is confidential and may not be disclosed as part of the job safety information system.

(A) The job safety information system shall include a comprehensive database that incorporates all pertinent information relating to each reported injury.

(B) The identity of the employee is confidential and may not be disclosed as part of the job safety information system.

(3) Employers shall file with the commission such reports as may be necessary. The commission shall promulgate rules and prescribe the form and manner of the reports.

(4) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division is authorized, empowered, and directed to obtain, from any state agency, data and statistics, including those compiled for the purpose of ratemaking.

(5) The division shall consult the Department of Labor and Licensing and any other affected state agencies in the design of data information and retrieval systems that will accomplish the mutual purposes of those agencies and of the division.

(c) Extra-Hazardous Employer Program. (1) (A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall develop a program, including injury frequency, to identify extra-hazardous employers. The term "extra-hazardous employer" includes an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry, an employer whose experience modifier is identified by the commission as too high, and such other employers as may, following a public hearing, be identified as extra-hazardous. (B) The division shall notify each identified extra-hazardous employer or the carrier for the employer that the employer has been identified as an extra-hazardous employer. (2) (A) An employer who receives notification under subdivision (c)(1)(B) of this section must obtain a safety consultation within thirty (30) days from the Department of Labor and Licensing, the employer's insurance carrier, or another professional source approved by the division for that purpose. (B) The safety consultant shall file a written report with the division and the employer setting out any hazardous conditions or practices identified by the safety consultation. (3) The employer and the consultant shall formulate a specific accident prevention plan that addresses the hazards identified by the consultant. The employer shall comply with the accident prevention plan. (4) The division may investigate accidents occurring at the work sites of an employer for whom a plan has been formulated under subdivision (c)(3) of this section, and the division may otherwise monitor the implementation of the accident prevention plan as it finds necessary. (5) (A) Six (6) months after the formulation of an accident prevention plan prescribed by subdivision (c)(3) of this section, the division shall conduct a follow-up inspection of the employer's premises. The division may require the participation of the safety consultant who performed the initial consultation and formulated the safety plan. (B) If the division determines that the employer has complied with the terms of the accident prevention plan or has implemented other acceptable corrective measures, the division shall so certify. (C) An employer who the division determines has failed or refused to implement the accident prevention plan or other suitable hazard abatement measures is subject to civil penalties as follows: (i) The commission may assess a civil penalty against an employer who fails or refuses to implement the accident prevention plan or other suitable hazard abatement procedures in an amount up to one thousand dollars ($1,000) per day of violation payable to the Death and Permanent Total Disability Trust Fund; and (ii) Furthermore, the commission may petition the Pulaski County Circuit Court, or of the county where the business is located, for an order enjoining the employer from engaging in further employment until such time as the employer implements the prevention plan or abatement measure described above or makes payment of all civil penalties. (6) If, at the time of the inspection required under subdivision (c)(5)(A) of this section, the employer continues to exceed the injury frequencies that may reasonably be expected in that employer's business or industry, the division shall continue to monitor the safety conditions at the work site and may formulate additional safety plans reasonably calculated to abate hazards. The employer shall comply with the plans and may be subject to additional penalties for failure to implement the plan or plans. (7) An employer may request a hearing before the full commission to contest findings made by the division under this section. (8) The identification as an extra-hazardous employer under this section is not admissible in any judicial proceeding unless the commission has determined that the employer is not in compliance with this section and unless that determination has not been reversed or superseded at the time of the event giving rise to the judicial proceeding.

(1) (A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall develop a program, including injury frequency, to identify extra-hazardous employers. The term "extra-hazardous employer" includes an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry, an employer whose experience modifier is identified by the commission as too high, and such other employers as may, following a public hearing, be identified as extra-hazardous. (B) The division shall notify each identified extra-hazardous employer or the carrier for the employer that the employer has been identified as an extra-hazardous employer.

(A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall develop a program, including injury frequency, to identify extra-hazardous employers. The term "extra-hazardous employer" includes an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry, an employer whose experience modifier is identified by the commission as too high, and such other employers as may, following a public hearing, be identified as extra-hazardous.

(B) The division shall notify each identified extra-hazardous employer or the carrier for the employer that the employer has been identified as an extra-hazardous employer.

(2) (A) An employer who receives notification under subdivision (c)(1)(B) of this section must obtain a safety consultation within thirty (30) days from the Department of Labor and Licensing, the employer's insurance carrier, or another professional source approved by the division for that purpose. (B) The safety consultant shall file a written report with the division and the employer setting out any hazardous conditions or practices identified by the safety consultation.

(A) An employer who receives notification under subdivision (c)(1)(B) of this section must obtain a safety consultation within thirty (30) days from the Department of Labor and Licensing, the employer's insurance carrier, or another professional source approved by the division for that purpose.

(B) The safety consultant shall file a written report with the division and the employer setting out any hazardous conditions or practices identified by the safety consultation.

(3) The employer and the consultant shall formulate a specific accident prevention plan that addresses the hazards identified by the consultant. The employer shall comply with the accident prevention plan.

(4) The division may investigate accidents occurring at the work sites of an employer for whom a plan has been formulated under subdivision (c)(3) of this section, and the division may otherwise monitor the implementation of the accident prevention plan as it finds necessary.

(5) (A) Six (6) months after the formulation of an accident prevention plan prescribed by subdivision (c)(3) of this section, the division shall conduct a follow-up inspection of the employer's premises. The division may require the participation of the safety consultant who performed the initial consultation and formulated the safety plan. (B) If the division determines that the employer has complied with the terms of the accident prevention plan or has implemented other acceptable corrective measures, the division shall so certify. (C) An employer who the division determines has failed or refused to implement the accident prevention plan or other suitable hazard abatement measures is subject to civil penalties as follows: (i) The commission may assess a civil penalty against an employer who fails or refuses to implement the accident prevention plan or other suitable hazard abatement procedures in an amount up to one thousand dollars ($1,000) per day of violation payable to the Death and Permanent Total Disability Trust Fund; and (ii) Furthermore, the commission may petition the Pulaski County Circuit Court, or of the county where the business is located, for an order enjoining the employer from engaging in further employment until such time as the employer implements the prevention plan or abatement measure described above or makes payment of all civil penalties.

(A) Six (6) months after the formulation of an accident prevention plan prescribed by subdivision (c)(3) of this section, the division shall conduct a follow-up inspection of the employer's premises. The division may require the participation of the safety consultant who performed the initial consultation and formulated the safety plan.

(B) If the division determines that the employer has complied with the terms of the accident prevention plan or has implemented other acceptable corrective measures, the division shall so certify.

(C) An employer who the division determines has failed or refused to implement the accident prevention plan or other suitable hazard abatement measures is subject to civil penalties as follows: (i) The commission may assess a civil penalty against an employer who fails or refuses to implement the accident prevention plan or other suitable hazard abatement procedures in an amount up to one thousand dollars ($1,000) per day of violation payable to the Death and Permanent Total Disability Trust Fund; and (ii) Furthermore, the commission may petition the Pulaski County Circuit Court, or of the county where the business is located, for an order enjoining the employer from engaging in further employment until such time as the employer implements the prevention plan or abatement measure described above or makes payment of all civil penalties.

(i) The commission may assess a civil penalty against an employer who fails or refuses to implement the accident prevention plan or other suitable hazard abatement procedures in an amount up to one thousand dollars ($1,000) per day of violation payable to the Death and Permanent Total Disability Trust Fund; and

(ii) Furthermore, the commission may petition the Pulaski County Circuit Court, or of the county where the business is located, for an order enjoining the employer from engaging in further employment until such time as the employer implements the prevention plan or abatement measure described above or makes payment of all civil penalties.

(6) If, at the time of the inspection required under subdivision (c)(5)(A) of this section, the employer continues to exceed the injury frequencies that may reasonably be expected in that employer's business or industry, the division shall continue to monitor the safety conditions at the work site and may formulate additional safety plans reasonably calculated to abate hazards. The employer shall comply with the plans and may be subject to additional penalties for failure to implement the plan or plans.

(7) An employer may request a hearing before the full commission to contest findings made by the division under this section.

(8) The identification as an extra-hazardous employer under this section is not admissible in any judicial proceeding unless the commission has determined that the employer is not in compliance with this section and unless that determination has not been reversed or superseded at the time of the event giving rise to the judicial proceeding.

(d) Accident Prevention Services. (1) Any insurance company licensed to provide casualty insurance in the State of Arkansas and desiring to write workers' compensation insurance in Arkansas shall maintain or provide accident prevention services as a prerequisite to write workers' compensation insurance. The services shall be adequate to furnish accident prevention programs required by the nature of its policyholders' operations and shall include surveys, recommendations, training programs, consultations, analyses of accident causes, industrial hygiene, and industrial health services to implement the program of accident prevention services. (2) Notice that services are available to the policyholder from the insurance company must appear in no less than ten-point bold type on the front of each workers' compensation insurance policy delivered or issued for delivery in the state. (3) At least once each year, each insurance company writing workers' compensation insurance in Arkansas must submit to the division detailed information on the type of accident prevention services offered to that insurance company's policyholders. The information must include any additional information required by the commission. (4) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall conduct inspections to determine the adequacy of the accident prevention services required by subdivision (d)(1) of this section at least every two (2) years for each insurance company writing workers' compensation insurance in Arkansas. (5) If the insurance company does not maintain or provide the accident prevention services required by this subsection or if the insurance company does not use the services in a reasonable manner to prevent injury to employees of its policyholders, the insurance company may be subjected to the same civil penalties as are assessable and enforceable against employers as set forth above in subdivision (c)(5)(C) of this section and shall be subject to suspension or revocation of license to do business in this state by the Insurance Commissioner. (6) The commission shall employ the qualified personnel necessary to enforce this section.

(1) Any insurance company licensed to provide casualty insurance in the State of Arkansas and desiring to write workers' compensation insurance in Arkansas shall maintain or provide accident prevention services as a prerequisite to write workers' compensation insurance. The services shall be adequate to furnish accident prevention programs required by the nature of its policyholders' operations and shall include surveys, recommendations, training programs, consultations, analyses of accident causes, industrial hygiene, and industrial health services to implement the program of accident prevention services.

(2) Notice that services are available to the policyholder from the insurance company must appear in no less than ten-point bold type on the front of each workers' compensation insurance policy delivered or issued for delivery in the state.

(3) At least once each year, each insurance company writing workers' compensation insurance in Arkansas must submit to the division detailed information on the type of accident prevention services offered to that insurance company's policyholders. The information must include any additional information required by the commission.

(4) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall conduct inspections to determine the adequacy of the accident prevention services required by subdivision (d)(1) of this section at least every two (2) years for each insurance company writing workers' compensation insurance in Arkansas.

(5) If the insurance company does not maintain or provide the accident prevention services required by this subsection or if the insurance company does not use the services in a reasonable manner to prevent injury to employees of its policyholders, the insurance company may be subjected to the same civil penalties as are assessable and enforceable against employers as set forth above in subdivision (c)(5)(C) of this section and shall be subject to suspension or revocation of license to do business in this state by the Insurance Commissioner.

(6) The commission shall employ the qualified personnel necessary to enforce this section.

(e) Immunity from Certain Liability. (1) Except as provided in subdivision (d)(5) of this section, the insurance company, the agent, servant, or employee of the insurance company or self-insured employer, or a safety consultant who performs a safety consultation under this section shall have no liability with respect to any accident based on the allegation that the accident was caused or could have been prevented by a program, inspection, or other activity or service undertaken by the insurance company or self-insured employer for the prevention of accidents in connection with operations of the employer. (2) Provided, however, this immunity shall not affect the liability of the insurance carrier or self-insured employer for compensation or as otherwise provided in this chapter.

(1) Except as provided in subdivision (d)(5) of this section, the insurance company, the agent, servant, or employee of the insurance company or self-insured employer, or a safety consultant who performs a safety consultation under this section shall have no liability with respect to any accident based on the allegation that the accident was caused or could have been prevented by a program, inspection, or other activity or service undertaken by the insurance company or self-insured employer for the prevention of accidents in connection with operations of the employer.

(2) Provided, however, this immunity shall not affect the liability of the insurance carrier or self-insured employer for compensation or as otherwise provided in this chapter.

(f) Exclusive Remedy. This section does not create an independent cause of action at law or in equity.

Amended by Act 2019, No. 315,§ 787, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5365, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5364, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5363, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5362, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5361, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5360, eff. 7/1/2019.

Acts 1993, No. 796, § 13; 2005, No. 505, § 4.
Ark. Code Ann. § 11-9-402 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-402
Liability of prime contractors and subcontractors - Sole proprietorships or partnerships
Status: in_force

(a) Where a subcontractor fails to secure compensation required by this chapter, the prime contractor shall be liable for compensation to the employees of the subcontractor unless there is an intermediate subcontractor who has workers' compensation coverage. (b) (1) Any contractor or the contractor's insurance carrier who shall become liable for the payment of compensation on account of injury to or death of an employee of his or her subcontractor may recover from the subcontractor the amount of the compensation paid or for which liability is incurred. (2) The claim for the recovery shall constitute a lien against any moneys due or to become due to the subcontractor from the prime contractor. (3) A claim for recovery, however, shall not affect the right of the injured employee or the dependents of the deceased employee to recover compensation due from the prime contractor or his or her insurance carrier. (c) (1) (A) When a sole proprietorship or partnership fails to elect to cover the sole proprietor or partners under this chapter, the prime contractor is not liable under this chapter for injuries sustained by the sole proprietor or partners if the sole proprietor or partners are not employees of the prime contractor. (B) (i) A sole proprietor or the partners of a partnership who do not elect to be covered by this chapter and be deemed employees thereunder and who deliver to the prime contractor a current certification of noncoverage issued by the Workers' Compensation Commission shall be conclusively presumed not to be covered by the law or to be employees of the prime contractor during the term of his or her certification or any renewals thereof. (ii) A certificate of noncoverage may not be presented to a subcontractor who does not have workers' compensation coverage. (iii) This provision shall not affect the rights or coverage of any employees of the sole proprietor or of the partnership. (2) Furthermore, the prime contractor's insurance carrier is not liable for injuries to the sole proprietor or partners described in this section who have provided a current certification of noncoverage, and the carrier shall not include compensation paid by the prime contractor to the sole proprietor or partners described above in computing the insurance premium for the prime contractor. (3) (A) Any prime contractor who after being presented with a current certification of noncoverage by a sole proprietor or partnership nonetheless compels the sole proprietor or partnership to pay or contribute to workers' compensation coverage of that sole proprietor or partnership shall be guilty of a Class D felony. (B) Furthermore, any prime contractor who compels a sole proprietor or partnership to obtain a certification of noncoverage when the sole proprietor or partnership does not desire to do so is guilty of a Class D felony. (C) Furthermore, any applicant who makes a false statement when applying for a certification of noncoverage or any renewals thereof shall be guilty of a Class D felony. (d) (1) A certification of noncoverage issued by the commission after July 1, 2001, shall be valid for two (2) years after the effective date stated thereon. Both the effective date and the expiration date must be listed on the face of the certificate by the commission. The certificate must expire at midnight two (2) years from its issue date, as noted on the face of the certificate. (2) Any certification of noncoverage that is in effect on July 1, 2001, shall expire as follows: (A) A certification of noncoverage issued in the years 1993 or 1994 shall expire at midnight on September 30, 2001; (B) A certification of noncoverage issued in the years 1995 or 1996 shall expire at midnight on December 31, 2001; (C) A certification of noncoverage issued in the years 1997 or 1998 shall expire at midnight on March 31, 2002; and (D) A certification of noncoverage issued in the years 1999 or 2000 shall expire at midnight on June 30, 2002. (3) The commission may assess a fee not to exceed fifty dollars ($50.00) with each application for a certification of noncoverage or any renewals thereof. (4) Any certification of noncoverage issued by the commission shall contain the social security number and notarized signature of the applicant. The notarization shall be in a form and manner prescribed by the commission. (5) The commission may prescribe by rule forms and procedures for issuing or renewing a certification of noncoverage. Init. Meas. 1948, No. 4, § 6, Acts 1949, p. 1420; A.S.A. 1947, § 81-1306; Acts 1987, No. 941, § 1; 1993, No. 796, § 10; 2001, No. 1757, § 6; 2005, No. 1917, § 1.

(a) Where a subcontractor fails to secure compensation required by this chapter, the prime contractor shall be liable for compensation to the employees of the subcontractor unless there is an intermediate subcontractor who has workers' compensation coverage.

(b) (1) Any contractor or the contractor's insurance carrier who shall become liable for the payment of compensation on account of injury to or death of an employee of his or her subcontractor may recover from the subcontractor the amount of the compensation paid or for which liability is incurred. (2) The claim for the recovery shall constitute a lien against any moneys due or to become due to the subcontractor from the prime contractor. (3) A claim for recovery, however, shall not affect the right of the injured employee or the dependents of the deceased employee to recover compensation due from the prime contractor or his or her insurance carrier.

(1) Any contractor or the contractor's insurance carrier who shall become liable for the payment of compensation on account of injury to or death of an employee of his or her subcontractor may recover from the subcontractor the amount of the compensation paid or for which liability is incurred.

(2) The claim for the recovery shall constitute a lien against any moneys due or to become due to the subcontractor from the prime contractor.

(3) A claim for recovery, however, shall not affect the right of the injured employee or the dependents of the deceased employee to recover compensation due from the prime contractor or his or her insurance carrier.

(c) (1) (A) When a sole proprietorship or partnership fails to elect to cover the sole proprietor or partners under this chapter, the prime contractor is not liable under this chapter for injuries sustained by the sole proprietor or partners if the sole proprietor or partners are not employees of the prime contractor. (B) (i) A sole proprietor or the partners of a partnership who do not elect to be covered by this chapter and be deemed employees thereunder and who deliver to the prime contractor a current certification of noncoverage issued by the Workers' Compensation Commission shall be conclusively presumed not to be covered by the law or to be employees of the prime contractor during the term of his or her certification or any renewals thereof. (ii) A certificate of noncoverage may not be presented to a subcontractor who does not have workers' compensation coverage. (iii) This provision shall not affect the rights or coverage of any employees of the sole proprietor or of the partnership. (2) Furthermore, the prime contractor's insurance carrier is not liable for injuries to the sole proprietor or partners described in this section who have provided a current certification of noncoverage, and the carrier shall not include compensation paid by the prime contractor to the sole proprietor or partners described above in computing the insurance premium for the prime contractor. (3) (A) Any prime contractor who after being presented with a current certification of noncoverage by a sole proprietor or partnership nonetheless compels the sole proprietor or partnership to pay or contribute to workers' compensation coverage of that sole proprietor or partnership shall be guilty of a Class D felony. (B) Furthermore, any prime contractor who compels a sole proprietor or partnership to obtain a certification of noncoverage when the sole proprietor or partnership does not desire to do so is guilty of a Class D felony. (C) Furthermore, any applicant who makes a false statement when applying for a certification of noncoverage or any renewals thereof shall be guilty of a Class D felony.

(1) (A) When a sole proprietorship or partnership fails to elect to cover the sole proprietor or partners under this chapter, the prime contractor is not liable under this chapter for injuries sustained by the sole proprietor or partners if the sole proprietor or partners are not employees of the prime contractor. (B) (i) A sole proprietor or the partners of a partnership who do not elect to be covered by this chapter and be deemed employees thereunder and who deliver to the prime contractor a current certification of noncoverage issued by the Workers' Compensation Commission shall be conclusively presumed not to be covered by the law or to be employees of the prime contractor during the term of his or her certification or any renewals thereof. (ii) A certificate of noncoverage may not be presented to a subcontractor who does not have workers' compensation coverage. (iii) This provision shall not affect the rights or coverage of any employees of the sole proprietor or of the partnership.

(A) When a sole proprietorship or partnership fails to elect to cover the sole proprietor or partners under this chapter, the prime contractor is not liable under this chapter for injuries sustained by the sole proprietor or partners if the sole proprietor or partners are not employees of the prime contractor.

(B) (i) A sole proprietor or the partners of a partnership who do not elect to be covered by this chapter and be deemed employees thereunder and who deliver to the prime contractor a current certification of noncoverage issued by the Workers' Compensation Commission shall be conclusively presumed not to be covered by the law or to be employees of the prime contractor during the term of his or her certification or any renewals thereof. (ii) A certificate of noncoverage may not be presented to a subcontractor who does not have workers' compensation coverage. (iii) This provision shall not affect the rights or coverage of any employees of the sole proprietor or of the partnership.

(i) A sole proprietor or the partners of a partnership who do not elect to be covered by this chapter and be deemed employees thereunder and who deliver to the prime contractor a current certification of noncoverage issued by the Workers' Compensation Commission shall be conclusively presumed not to be covered by the law or to be employees of the prime contractor during the term of his or her certification or any renewals thereof.

(ii) A certificate of noncoverage may not be presented to a subcontractor who does not have workers' compensation coverage.

(iii) This provision shall not affect the rights or coverage of any employees of the sole proprietor or of the partnership.

(2) Furthermore, the prime contractor's insurance carrier is not liable for injuries to the sole proprietor or partners described in this section who have provided a current certification of noncoverage, and the carrier shall not include compensation paid by the prime contractor to the sole proprietor or partners described above in computing the insurance premium for the prime contractor.

(3) (A) Any prime contractor who after being presented with a current certification of noncoverage by a sole proprietor or partnership nonetheless compels the sole proprietor or partnership to pay or contribute to workers' compensation coverage of that sole proprietor or partnership shall be guilty of a Class D felony. (B) Furthermore, any prime contractor who compels a sole proprietor or partnership to obtain a certification of noncoverage when the sole proprietor or partnership does not desire to do so is guilty of a Class D felony. (C) Furthermore, any applicant who makes a false statement when applying for a certification of noncoverage or any renewals thereof shall be guilty of a Class D felony.

(A) Any prime contractor who after being presented with a current certification of noncoverage by a sole proprietor or partnership nonetheless compels the sole proprietor or partnership to pay or contribute to workers' compensation coverage of that sole proprietor or partnership shall be guilty of a Class D felony.

(B) Furthermore, any prime contractor who compels a sole proprietor or partnership to obtain a certification of noncoverage when the sole proprietor or partnership does not desire to do so is guilty of a Class D felony.

(C) Furthermore, any applicant who makes a false statement when applying for a certification of noncoverage or any renewals thereof shall be guilty of a Class D felony.

(d) (1) A certification of noncoverage issued by the commission after July 1, 2001, shall be valid for two (2) years after the effective date stated thereon. Both the effective date and the expiration date must be listed on the face of the certificate by the commission. The certificate must expire at midnight two (2) years from its issue date, as noted on the face of the certificate. (2) Any certification of noncoverage that is in effect on July 1, 2001, shall expire as follows: (A) A certification of noncoverage issued in the years 1993 or 1994 shall expire at midnight on September 30, 2001; (B) A certification of noncoverage issued in the years 1995 or 1996 shall expire at midnight on December 31, 2001; (C) A certification of noncoverage issued in the years 1997 or 1998 shall expire at midnight on March 31, 2002; and (D) A certification of noncoverage issued in the years 1999 or 2000 shall expire at midnight on June 30, 2002. (3) The commission may assess a fee not to exceed fifty dollars ($50.00) with each application for a certification of noncoverage or any renewals thereof. (4) Any certification of noncoverage issued by the commission shall contain the social security number and notarized signature of the applicant. The notarization shall be in a form and manner prescribed by the commission. (5) The commission may prescribe by rule forms and procedures for issuing or renewing a certification of noncoverage.

(1) A certification of noncoverage issued by the commission after July 1, 2001, shall be valid for two (2) years after the effective date stated thereon. Both the effective date and the expiration date must be listed on the face of the certificate by the commission. The certificate must expire at midnight two (2) years from its issue date, as noted on the face of the certificate.

(2) Any certification of noncoverage that is in effect on July 1, 2001, shall expire as follows: (A) A certification of noncoverage issued in the years 1993 or 1994 shall expire at midnight on September 30, 2001; (B) A certification of noncoverage issued in the years 1995 or 1996 shall expire at midnight on December 31, 2001; (C) A certification of noncoverage issued in the years 1997 or 1998 shall expire at midnight on March 31, 2002; and (D) A certification of noncoverage issued in the years 1999 or 2000 shall expire at midnight on June 30, 2002.

(A) A certification of noncoverage issued in the years 1993 or 1994 shall expire at midnight on September 30, 2001;

(B) A certification of noncoverage issued in the years 1995 or 1996 shall expire at midnight on December 31, 2001;

(C) A certification of noncoverage issued in the years 1997 or 1998 shall expire at midnight on March 31, 2002; and

(D) A certification of noncoverage issued in the years 1999 or 2000 shall expire at midnight on June 30, 2002.

(3) The commission may assess a fee not to exceed fifty dollars ($50.00) with each application for a certification of noncoverage or any renewals thereof.

(4) Any certification of noncoverage issued by the commission shall contain the social security number and notarized signature of the applicant. The notarization shall be in a form and manner prescribed by the commission.

(5) The commission may prescribe by rule forms and procedures for issuing or renewing a certification of noncoverage.

Init. Meas. 1948, No. 4, § 6, Acts 1949, p. 1420; A.S.A. 1947, § 81-1306; Acts 1987, No. 941, § 1; 1993, No. 796, § 10; 2001, No. 1757, § 6; 2005, No. 1917, § 1.
Ark. Code Ann. § 11-4-611 — AR Code / Title 11 / Chapter 4 / Subchapter 6 / Section 11-4-611
Action to collect unpaid wages
Status: in_force

(a) An employer who violates the provisions of § 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages. (b) (1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. (2) Any agreement between the employer and the employee to work for less than the wage to which the employee is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 shall be no defense to the action. (3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs. (4) At the request of any employee paid less than the wage to which he or she is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 , the Director of the Division of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action. (c) Any action to recover wages and liquidated damages based on violation of § 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards. Amended by Act 2019, No. 910,§ 5328, eff. 7/1/2019. Acts 1955, No. 361, §§ 4, 7; A.S.A. 1947, §§ 81-626, 81-629.

(a) An employer who violates the provisions of § 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages.

(b) (1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. (2) Any agreement between the employer and the employee to work for less than the wage to which the employee is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 shall be no defense to the action. (3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs. (4) At the request of any employee paid less than the wage to which he or she is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 , the Director of the Division of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action.

(1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees.

(2) Any agreement between the employer and the employee to work for less than the wage to which the employee is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 shall be no defense to the action.

(3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs.

(4) At the request of any employee paid less than the wage to which he or she is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 , the Director of the Division of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action.

(c) Any action to recover wages and liquidated damages based on violation of § 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards.

Amended by Act 2019, No. 910,§ 5328, eff. 7/1/2019.

Acts 1955, No. 361, §§ 4, 7; A.S.A. 1947, §§ 81-626, 81-629.
Ark. Code Ann. § 11-13-108 — AR Code / Title 11 / Chapter 13 / Section 11-13-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 9.

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.

Acts 1993, No. 1232, § 9.
Ark. Code Ann. § 11-10-1001 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1001
Title
Status: in_force

This subchapter shall be known and cited as the "Unemployment Trust Fund Financing Act of 2011". Acts 2011, No. 1125, § 1.

This subchapter shall be known and cited as the "Unemployment Trust Fund Financing Act of 2011".

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-7-209 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-209
Owner, agent, or operator to facilitate inspections - Failure to comply
Status: in_force

(a) The owner, agent, or operator of a mine is required to furnish all necessary facilities for entering and making the examinations and inspection, and, if the owner, agent, or operator refuses to permit the inspection or to furnish the necessary facilities for entering and making the examinations and inspection, the inspector shall file his or her affidavit, setting forth the refusal, before the judge of the circuit court in the county in which the mine is located. (b) (1) The judge of the court is granted the power to issue an order commanding the owner, agent, or operator to appear before the judge in chambers or before the circuit court to show cause why he or she refuses to permit the inspection or furnish the necessary facilities for entering and making the examination. (2) Upon hearing, the judge of the court shall have the power to fine the agent, owner, or operator in any sum not less than fifty dollars ($50.00). Acts 1893, No. 125, § 10, p. 213; C. & M. Dig., § 7253; Pope's Dig., § 9309; A.S.A. 1947, § 52-407.

(a) The owner, agent, or operator of a mine is required to furnish all necessary facilities for entering and making the examinations and inspection, and, if the owner, agent, or operator refuses to permit the inspection or to furnish the necessary facilities for entering and making the examinations and inspection, the inspector shall file his or her affidavit, setting forth the refusal, before the judge of the circuit court in the county in which the mine is located.

(b) (1) The judge of the court is granted the power to issue an order commanding the owner, agent, or operator to appear before the judge in chambers or before the circuit court to show cause why he or she refuses to permit the inspection or furnish the necessary facilities for entering and making the examination. (2) Upon hearing, the judge of the court shall have the power to fine the agent, owner, or operator in any sum not less than fifty dollars ($50.00).

(1) The judge of the court is granted the power to issue an order commanding the owner, agent, or operator to appear before the judge in chambers or before the circuit court to show cause why he or she refuses to permit the inspection or furnish the necessary facilities for entering and making the examination.

(2) Upon hearing, the judge of the court shall have the power to fine the agent, owner, or operator in any sum not less than fifty dollars ($50.00).

Acts 1893, No. 125, § 10, p. 213; C. & M. Dig., § 7253; Pope's Dig., § 9309; A.S.A. 1947, § 52-407.
Ark. Code Ann. § 11-9-510 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-510
Medical services and supplies - Contest of liability
Status: in_force

The employer shall not be liable for any of the payments provided for in §§ 11-9-508 - 11-9-516 in the case of a contest of liability where the Workers' Compensation Commission shall decide that the injury does not come within the provisions of this chapter. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; Acts 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.

The employer shall not be liable for any of the payments provided for in §§ 11-9-508 - 11-9-516 in the case of a contest of liability where the Workers' Compensation Commission shall decide that the injury does not come within the provisions of this chapter.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; Acts 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.
Ark. Code Ann. § 11-10-401 — AR Code / Title 11 / Chapter 10 / Subchapter 4 / Section 11-10-401
Period
Status: in_force

Except as provided in § 11-10-403 , any employing unit that is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of the calendar year. Acts 1941, No. 391, § 8; A.S.A. 1947, § 81-1111.

Except as provided in § 11-10-403 , any employing unit that is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of the calendar year.

Acts 1941, No. 391, § 8; A.S.A. 1947, § 81-1111.
Ark. Code Ann. § 11-10-108 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-108
Protection of rights and benefits - Limitation of fees
Status: in_force

(a) No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this chapter by the Board of Review, the Director of the Division of Workforce Services, or his or her or its representatives, or by any court or any officer thereof, except that, if the court determines that the proceedings for judicial review have been instituted or continued without reasonable grounds, it may assess costs against the claimant or employer instituting or continuing the proceedings. (b) (1) Any individual claiming benefits in any proceeding before the director or the board or his or her or its representatives or a court may be represented by counsel or other duly authorized agent. (2) No counsel or agents shall either charge or receive an aggregate amount of more than five hundred dollars ($500) for services rendered at the administrative appeal levels before the appeal tribunal or the board. (c) Any person who violates any provision of this section shall, for each offense, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both. Amended by Act 2019, No. 910,§ 174, eff. 7/1/2019. Acts 1941, No. 391, § 15; 1943, No. 138, § 20; 1983, No. 482, § 33; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 1.

(a) No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this chapter by the Board of Review, the Director of the Division of Workforce Services, or his or her or its representatives, or by any court or any officer thereof, except that, if the court determines that the proceedings for judicial review have been instituted or continued without reasonable grounds, it may assess costs against the claimant or employer instituting or continuing the proceedings.

(b) (1) Any individual claiming benefits in any proceeding before the director or the board or his or her or its representatives or a court may be represented by counsel or other duly authorized agent. (2) No counsel or agents shall either charge or receive an aggregate amount of more than five hundred dollars ($500) for services rendered at the administrative appeal levels before the appeal tribunal or the board.

(1) Any individual claiming benefits in any proceeding before the director or the board or his or her or its representatives or a court may be represented by counsel or other duly authorized agent.

(2) No counsel or agents shall either charge or receive an aggregate amount of more than five hundred dollars ($500) for services rendered at the administrative appeal levels before the appeal tribunal or the board.

(c) Any person who violates any provision of this section shall, for each offense, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both.

Amended by Act 2019, No. 910,§ 174, eff. 7/1/2019.

Acts 1941, No. 391, § 15; 1943, No. 138, § 20; 1983, No. 482, § 33; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 1.
Ark. Code Ann. § 11-10-208 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-208
Employing unit
Status: in_force

(a) (1) As used in this chapter, unless the context clearly requires otherwise, "employing unit" means any individual, organization, or legal representative of a deceased person. (2) This term includes but is not limited to any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, and the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing which has had one (1) or more individuals performing services for it within this state. (3) "Employing unit" shall also mean the state or any agency, board, commission, department, institution, or instrumentality of the state and any political subdivision of the state and any instrumentality of any political subdivision of the state, any instrumentality of more than one (1) of the foregoing, any instrumentality of the foregoing and one (1) or more other states or political subdivisions, which has had one (1) or more individuals performing services for it. (b) (1) All individuals performing services within this state for any employing unit which maintains two (2) or more separate establishments within this state shall be deemed to be performing services for a single employing unit for all the purposes of this chapter. (2) Each individual employed to perform or to assist in performing the work of any person in the service of an employing unit shall be deemed to be engaged by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or the person, provided that the employing unit had actual or constructive knowledge of the work. (c) (1) Any employer may on or before December 1 prior to the year the application is to become effective make application in writing to the Division of Workforce Services to participate in a joint account with one (1) or more other employers. (2) The division shall approve those applications that meet the requirements of this section. (3) Any application to participate in a joint account may be filed on or before December 1 prior to the year the membership is to become effective, provided, however, all contributions, interest, and penalties due from the applicant-employer must be paid prior to the effective date of the employer's membership in the joint account. (4) All such applications shall be accepted only on the condition that the applicant waive all rights he or she has in his or her individual employer account under the law when the division approves his or her application and merges his or her individual account into a joint account for experience-rating purposes. (5) Each applicant-employer shall agree to assume joint and several liability for any contributions, interest, and penalties accruing on the part of any one (1) of the employers participating in the joint account during the duration of the account in consideration for the division's granting the applicant-employer the right to participate in it. (6) Each employer participating in a joint account agrees to maintain a sufficient record of the employee's own employment in order that the employer can furnish the division with information necessary to enable the division to make proper certification to the Internal Revenue Service under the Federal Unemployment Tax Act and to enable the division to determine any benefit charges against the employee's separate account. (7) No reduced rate of contributions shall be established for any joint account until each participating employer is individually eligible for the calculation of a contribution rate. (8) All joint accounts will be maintained only on a calendar-year basis, and joint accounts must be maintained for a minimum period of two (2) calendar years unless terminated sooner by action of the division. (9) All contribution credits for all employers in a joint account will be calculated together. All benefit payments chargeable against all employers in a joint account will be calculated together. The average annual payroll of the joint account will be the average of the annual payrolls of all employers participating in the account. (10) If any individual, type of organization, or employing unit succeeds to the business of an employer participating in a joint account under conditions which would require the transfer of any separate account of that employer to the successor, the successor shall be ipso facto a member of the joint account. (11) (A) Withdrawal from a joint account by any participating employer may be approved if the request for withdrawal is made in writing to the division on or before September 30 of the year prior to the year for which the withdrawal is to be effective. (B) The withdrawing employer shall as of the effective date of withdrawal be treated in all respects as a newly liable employer regardless of all prior contributions or benefit payment experience. (C) The remaining employer or employers shall continue to constitute the joint account. The withdrawal or termination of all except one (1) member shall not dissolve such joint account unless and until such last member shall withdraw or terminate. (12) Participation in a joint account shall not affect the right of any employer to terminate the employer's liability, but after termination, the employer shall in all respects be treated as a withdrawing employer under this section. Amended by Act 2019, No. 910,§ 181, eff. 7/1/2019. Acts 1941, No. 391, § 2; 1971, No. 35, § 2; 1977, No. 376, § 1; A.S.A. 1947, § 81-1103; Acts 1997, No. 234, § 3.

(a) (1) As used in this chapter, unless the context clearly requires otherwise, "employing unit" means any individual, organization, or legal representative of a deceased person. (2) This term includes but is not limited to any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, and the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing which has had one (1) or more individuals performing services for it within this state. (3) "Employing unit" shall also mean the state or any agency, board, commission, department, institution, or instrumentality of the state and any political subdivision of the state and any instrumentality of any political subdivision of the state, any instrumentality of more than one (1) of the foregoing, any instrumentality of the foregoing and one (1) or more other states or political subdivisions, which has had one (1) or more individuals performing services for it.

(1) As used in this chapter, unless the context clearly requires otherwise, "employing unit" means any individual, organization, or legal representative of a deceased person.

(2) This term includes but is not limited to any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, and the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing which has had one (1) or more individuals performing services for it within this state.

(3) "Employing unit" shall also mean the state or any agency, board, commission, department, institution, or instrumentality of the state and any political subdivision of the state and any instrumentality of any political subdivision of the state, any instrumentality of more than one (1) of the foregoing, any instrumentality of the foregoing and one (1) or more other states or political subdivisions, which has had one (1) or more individuals performing services for it.

(b) (1) All individuals performing services within this state for any employing unit which maintains two (2) or more separate establishments within this state shall be deemed to be performing services for a single employing unit for all the purposes of this chapter. (2) Each individual employed to perform or to assist in performing the work of any person in the service of an employing unit shall be deemed to be engaged by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or the person, provided that the employing unit had actual or constructive knowledge of the work.

(1) All individuals performing services within this state for any employing unit which maintains two (2) or more separate establishments within this state shall be deemed to be performing services for a single employing unit for all the purposes of this chapter.

(2) Each individual employed to perform or to assist in performing the work of any person in the service of an employing unit shall be deemed to be engaged by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or the person, provided that the employing unit had actual or constructive knowledge of the work.

(c) (1) Any employer may on or before December 1 prior to the year the application is to become effective make application in writing to the Division of Workforce Services to participate in a joint account with one (1) or more other employers. (2) The division shall approve those applications that meet the requirements of this section. (3) Any application to participate in a joint account may be filed on or before December 1 prior to the year the membership is to become effective, provided, however, all contributions, interest, and penalties due from the applicant-employer must be paid prior to the effective date of the employer's membership in the joint account. (4) All such applications shall be accepted only on the condition that the applicant waive all rights he or she has in his or her individual employer account under the law when the division approves his or her application and merges his or her individual account into a joint account for experience-rating purposes. (5) Each applicant-employer shall agree to assume joint and several liability for any contributions, interest, and penalties accruing on the part of any one (1) of the employers participating in the joint account during the duration of the account in consideration for the division's granting the applicant-employer the right to participate in it. (6) Each employer participating in a joint account agrees to maintain a sufficient record of the employee's own employment in order that the employer can furnish the division with information necessary to enable the division to make proper certification to the Internal Revenue Service under the Federal Unemployment Tax Act and to enable the division to determine any benefit charges against the employee's separate account. (7) No reduced rate of contributions shall be established for any joint account until each participating employer is individually eligible for the calculation of a contribution rate. (8) All joint accounts will be maintained only on a calendar-year basis, and joint accounts must be maintained for a minimum period of two (2) calendar years unless terminated sooner by action of the division. (9) All contribution credits for all employers in a joint account will be calculated together. All benefit payments chargeable against all employers in a joint account will be calculated together. The average annual payroll of the joint account will be the average of the annual payrolls of all employers participating in the account. (10) If any individual, type of organization, or employing unit succeeds to the business of an employer participating in a joint account under conditions which would require the transfer of any separate account of that employer to the successor, the successor shall be ipso facto a member of the joint account. (11) (A) Withdrawal from a joint account by any participating employer may be approved if the request for withdrawal is made in writing to the division on or before September 30 of the year prior to the year for which the withdrawal is to be effective. (B) The withdrawing employer shall as of the effective date of withdrawal be treated in all respects as a newly liable employer regardless of all prior contributions or benefit payment experience. (C) The remaining employer or employers shall continue to constitute the joint account. The withdrawal or termination of all except one (1) member shall not dissolve such joint account unless and until such last member shall withdraw or terminate. (12) Participation in a joint account shall not affect the right of any employer to terminate the employer's liability, but after termination, the employer shall in all respects be treated as a withdrawing employer under this section.

(1) Any employer may on or before December 1 prior to the year the application is to become effective make application in writing to the Division of Workforce Services to participate in a joint account with one (1) or more other employers.

(2) The division shall approve those applications that meet the requirements of this section.

(3) Any application to participate in a joint account may be filed on or before December 1 prior to the year the membership is to become effective, provided, however, all contributions, interest, and penalties due from the applicant-employer must be paid prior to the effective date of the employer's membership in the joint account.

(4) All such applications shall be accepted only on the condition that the applicant waive all rights he or she has in his or her individual employer account under the law when the division approves his or her application and merges his or her individual account into a joint account for experience-rating purposes.

(5) Each applicant-employer shall agree to assume joint and several liability for any contributions, interest, and penalties accruing on the part of any one (1) of the employers participating in the joint account during the duration of the account in consideration for the division's granting the applicant-employer the right to participate in it.

(6) Each employer participating in a joint account agrees to maintain a sufficient record of the employee's own employment in order that the employer can furnish the division with information necessary to enable the division to make proper certification to the Internal Revenue Service under the Federal Unemployment Tax Act and to enable the division to determine any benefit charges against the employee's separate account.

(7) No reduced rate of contributions shall be established for any joint account until each participating employer is individually eligible for the calculation of a contribution rate.

(8) All joint accounts will be maintained only on a calendar-year basis, and joint accounts must be maintained for a minimum period of two (2) calendar years unless terminated sooner by action of the division.

(9) All contribution credits for all employers in a joint account will be calculated together. All benefit payments chargeable against all employers in a joint account will be calculated together. The average annual payroll of the joint account will be the average of the annual payrolls of all employers participating in the account.

(10) If any individual, type of organization, or employing unit succeeds to the business of an employer participating in a joint account under conditions which would require the transfer of any separate account of that employer to the successor, the successor shall be ipso facto a member of the joint account.

(11) (A) Withdrawal from a joint account by any participating employer may be approved if the request for withdrawal is made in writing to the division on or before September 30 of the year prior to the year for which the withdrawal is to be effective. (B) The withdrawing employer shall as of the effective date of withdrawal be treated in all respects as a newly liable employer regardless of all prior contributions or benefit payment experience. (C) The remaining employer or employers shall continue to constitute the joint account. The withdrawal or termination of all except one (1) member shall not dissolve such joint account unless and until such last member shall withdraw or terminate.

(A) Withdrawal from a joint account by any participating employer may be approved if the request for withdrawal is made in writing to the division on or before September 30 of the year prior to the year for which the withdrawal is to be effective.

(B) The withdrawing employer shall as of the effective date of withdrawal be treated in all respects as a newly liable employer regardless of all prior contributions or benefit payment experience.

(C) The remaining employer or employers shall continue to constitute the joint account. The withdrawal or termination of all except one (1) member shall not dissolve such joint account unless and until such last member shall withdraw or terminate.

(12) Participation in a joint account shall not affect the right of any employer to terminate the employer's liability, but after termination, the employer shall in all respects be treated as a withdrawing employer under this section.

Amended by Act 2019, No. 910,§ 181, eff. 7/1/2019.

Acts 1941, No. 391, § 2; 1971, No. 35, § 2; 1977, No. 376, § 1; A.S.A. 1947, § 81-1103; Acts 1997, No. 234, § 3.
Ark. Code Ann. § 11-2-110 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-110
Director - Rulemaking authority
Status: in_force

(a) In addition to such other powers and duties as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power to make, modify, and repeal reasonable rules for the prevention of accidents or industrial or occupational diseases in every employment or place of employment and to make, modify, and repeal reasonable rules for the construction, repair, and maintenance of places of employment, places of public assembly, and public buildings which shall render them safe. (b) The director shall have the power to make, modify, or repeal such rules, or changes in rules, as he or she may deem necessary to carry out the provisions of this subchapter. (c) The director may appoint committees composed of employers, employees, and experts to suggest rules or changes therein. (d) The rules of the director shall have the force and effect of law and shall be enforced by the director in the same manner as the provisions of this subchapter. Amended by Act 2019, No. 910,§ 5286, eff. 7/1/2019. Acts 1937, No. 161, § 10; Pope's Dig., § 8506; A.S.A. 1947, § 81-109.

(a) In addition to such other powers and duties as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power to make, modify, and repeal reasonable rules for the prevention of accidents or industrial or occupational diseases in every employment or place of employment and to make, modify, and repeal reasonable rules for the construction, repair, and maintenance of places of employment, places of public assembly, and public buildings which shall render them safe.

(b) The director shall have the power to make, modify, or repeal such rules, or changes in rules, as he or she may deem necessary to carry out the provisions of this subchapter.

(c) The director may appoint committees composed of employers, employees, and experts to suggest rules or changes therein.

(d) The rules of the director shall have the force and effect of law and shall be enforced by the director in the same manner as the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5286, eff. 7/1/2019.

Acts 1937, No. 161, § 10; Pope's Dig., § 8506; A.S.A. 1947, § 81-109.
Ark. Code Ann. § 11-10-529 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-529
Claims - Decision of Board of Review - Judicial review
Status: in_force

(a) (1) (A) (i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent. (ii) Only a party who has been adversely affected by a decision of the board that results in a pecuniary loss may file an appeal from a decision of the board. (B) (i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope. (ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail. (iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date. (C) (i) If the last day for taking action under this section falls on a Saturday, Sunday, legal holiday, or other day when the Clerk of the Court of Appeals' office is closed, the time for the action shall be extended to the next business day. (ii) In computing any period of time for taking action under this section, the day of the act that the designated period of time begins to run shall not be included. (2) (A) The petition for review need not be verified but shall state the grounds upon which the review is sought. (B) The Director of the Division of Workforce Services is made a party to the proceedings. (C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents. (b) (1) (A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision. (B) The record shall be certified by the Chair of the Board of Review. (2) (A) Upon the filing of a petition for review by the director or upon the service of the petition on him or her, the director shall forthwith send by mail to each of the parties to the proceeding a copy of the petition. (B) The mailing shall be deemed to be completed service upon all such parties. (c) (1) In any proceeding under §§ 11-10-523 - 11-10-530 , the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the court shall be confined to questions of law. (2) (A) No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board. (B) The board may, after hearing the additional evidence, modify its findings of fact or conclusions and file the additional or modified findings and conclusions, together with a certified transcript of the additional record, with the clerk. (d) (1) The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the Workers' Compensation Law, § 11-9-101 et seq. (2) It shall not be necessary as a condition precedent to judicial review of any decision of the board to enter exceptions to the rulings of the board. (3) No bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court upon the review. Amended by Act 2023, No. 197,§ 3, eff. 3/6/2023. Amended by Act 2019, No. 910,§ 259, eff. 7/1/2019. Amended by Act 2013, No. 956,§ 2, eff. 7/1/2013. Acts 1941, No. 391, § 6; 1943, No. 138, § 8; 1953, No. 162, § 10; 1979, No. 252, § 2; 1981, No. 43, § 9; 1983, No. 482, § 38; A.S.A. 1947, § 81-1107; Acts 1997, No. 234, § 20; 2003, No. 1223, § 11.

(a) (1) (A) (i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent. (ii) Only a party who has been adversely affected by a decision of the board that results in a pecuniary loss may file an appeal from a decision of the board. (B) (i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope. (ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail. (iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date. (C) (i) If the last day for taking action under this section falls on a Saturday, Sunday, legal holiday, or other day when the Clerk of the Court of Appeals' office is closed, the time for the action shall be extended to the next business day. (ii) In computing any period of time for taking action under this section, the day of the act that the designated period of time begins to run shall not be included. (2) (A) The petition for review need not be verified but shall state the grounds upon which the review is sought. (B) The Director of the Division of Workforce Services is made a party to the proceedings. (C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents.

(1) (A) (i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent. (ii) Only a party who has been adversely affected by a decision of the board that results in a pecuniary loss may file an appeal from a decision of the board. (B) (i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope. (ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail. (iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date. (C) (i) If the last day for taking action under this section falls on a Saturday, Sunday, legal holiday, or other day when the Clerk of the Court of Appeals' office is closed, the time for the action shall be extended to the next business day. (ii) In computing any period of time for taking action under this section, the day of the act that the designated period of time begins to run shall not be included.

(A) (i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent. (ii) Only a party who has been adversely affected by a decision of the board that results in a pecuniary loss may file an appeal from a decision of the board.

(i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent.

(ii) Only a party who has been adversely affected by a decision of the board that results in a pecuniary loss may file an appeal from a decision of the board.

(B) (i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope. (ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail. (iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date.

(i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope.

(ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail.

(iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date.

(C) (i) If the last day for taking action under this section falls on a Saturday, Sunday, legal holiday, or other day when the Clerk of the Court of Appeals' office is closed, the time for the action shall be extended to the next business day. (ii) In computing any period of time for taking action under this section, the day of the act that the designated period of time begins to run shall not be included.

(i) If the last day for taking action under this section falls on a Saturday, Sunday, legal holiday, or other day when the Clerk of the Court of Appeals' office is closed, the time for the action shall be extended to the next business day.

(ii) In computing any period of time for taking action under this section, the day of the act that the designated period of time begins to run shall not be included.

(2) (A) The petition for review need not be verified but shall state the grounds upon which the review is sought. (B) The Director of the Division of Workforce Services is made a party to the proceedings. (C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents.

(A) The petition for review need not be verified but shall state the grounds upon which the review is sought.

(B) The Director of the Division of Workforce Services is made a party to the proceedings.

(C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents.

(b) (1) (A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision. (B) The record shall be certified by the Chair of the Board of Review. (2) (A) Upon the filing of a petition for review by the director or upon the service of the petition on him or her, the director shall forthwith send by mail to each of the parties to the proceeding a copy of the petition. (B) The mailing shall be deemed to be completed service upon all such parties.

(1) (A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision. (B) The record shall be certified by the Chair of the Board of Review.

(A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision.

(B) The record shall be certified by the Chair of the Board of Review.

(2) (A) Upon the filing of a petition for review by the director or upon the service of the petition on him or her, the director shall forthwith send by mail to each of the parties to the proceeding a copy of the petition. (B) The mailing shall be deemed to be completed service upon all such parties.

(A) Upon the filing of a petition for review by the director or upon the service of the petition on him or her, the director shall forthwith send by mail to each of the parties to the proceeding a copy of the petition.

(B) The mailing shall be deemed to be completed service upon all such parties.

(c) (1) In any proceeding under §§ 11-10-523 - 11-10-530 , the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the court shall be confined to questions of law. (2) (A) No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board. (B) The board may, after hearing the additional evidence, modify its findings of fact or conclusions and file the additional or modified findings and conclusions, together with a certified transcript of the additional record, with the clerk.

(1) In any proceeding under §§ 11-10-523 - 11-10-530 , the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the court shall be confined to questions of law.

(2) (A) No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board. (B) The board may, after hearing the additional evidence, modify its findings of fact or conclusions and file the additional or modified findings and conclusions, together with a certified transcript of the additional record, with the clerk.

(A) No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board.

(B) The board may, after hearing the additional evidence, modify its findings of fact or conclusions and file the additional or modified findings and conclusions, together with a certified transcript of the additional record, with the clerk.

(d) (1) The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the Workers' Compensation Law, § 11-9-101 et seq. (2) It shall not be necessary as a condition precedent to judicial review of any decision of the board to enter exceptions to the rulings of the board. (3) No bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court upon the review.

(1) The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the Workers' Compensation Law, § 11-9-101 et seq.

(2) It shall not be necessary as a condition precedent to judicial review of any decision of the board to enter exceptions to the rulings of the board.

(3) No bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court upon the review.

Amended by Act 2023, No. 197,§ 3, eff. 3/6/2023.

Amended by Act 2019, No. 910,§ 259, eff. 7/1/2019.

Amended by Act 2013, No. 956,§ 2, eff. 7/1/2013.

Acts 1941, No. 391, § 6; 1943, No. 138, § 8; 1953, No. 162, § 10; 1979, No. 252, § 2; 1981, No. 43, § 9; 1983, No. 482, § 38; A.S.A. 1947, § 81-1107; Acts 1997, No. 234, § 20; 2003, No. 1223, § 11.
Ark. Code Ann. § 11-7-202 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-202
Penalties
Status: in_force

(a) (1) Any person who shall willfully obstruct or hinder the mine inspector in the discharge of his or her duties and every owner, lessee, agent, or manager of a mine who refuses or neglects to furnish the State Mine Inspector the means necessary for making entry, inspection, examination, or inquiry under the mining laws of this state shall be deemed guilty of a misdemeanor. (2) Upon conviction, the person shall be punished as provided in subsection (c) of this section. (b) (1) Should the mine inspector willfully fail or refuse to perform any of the duties required under the provisions of the mining laws of this state, he or she shall be deemed guilty of a misdemeanor. (2) Upon conviction, he or she shall be fined in a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and, upon a second conviction for such failure or refusal, shall be removed from office by the Governor and his or her successor appointed within thirty (30) days from the date of removal. (c) (1) Any owner, agent, lessee, or other person convicted of the violation of any of the provisions of the mining laws of this state or failing in any manner to comply therewith shall be deemed guilty of a misdemeanor. (2) Upon conviction, the person shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) except where provisions of the mining laws otherwise provide penalties. (d) Each day any violation or failure shall continue on the part of any owner, agent, lessee, or other person shall be deemed a separate offense. Acts 1917, No. 130, § 6, p. 683; C. & M. Dig., § 7256; Pope's Dig., § 9312; A.S.A. 1947, § 52-410.

(a) (1) Any person who shall willfully obstruct or hinder the mine inspector in the discharge of his or her duties and every owner, lessee, agent, or manager of a mine who refuses or neglects to furnish the State Mine Inspector the means necessary for making entry, inspection, examination, or inquiry under the mining laws of this state shall be deemed guilty of a misdemeanor. (2) Upon conviction, the person shall be punished as provided in subsection (c) of this section.

(1) Any person who shall willfully obstruct or hinder the mine inspector in the discharge of his or her duties and every owner, lessee, agent, or manager of a mine who refuses or neglects to furnish the State Mine Inspector the means necessary for making entry, inspection, examination, or inquiry under the mining laws of this state shall be deemed guilty of a misdemeanor.

(2) Upon conviction, the person shall be punished as provided in subsection (c) of this section.

(b) (1) Should the mine inspector willfully fail or refuse to perform any of the duties required under the provisions of the mining laws of this state, he or she shall be deemed guilty of a misdemeanor. (2) Upon conviction, he or she shall be fined in a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and, upon a second conviction for such failure or refusal, shall be removed from office by the Governor and his or her successor appointed within thirty (30) days from the date of removal.

(1) Should the mine inspector willfully fail or refuse to perform any of the duties required under the provisions of the mining laws of this state, he or she shall be deemed guilty of a misdemeanor.

(2) Upon conviction, he or she shall be fined in a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and, upon a second conviction for such failure or refusal, shall be removed from office by the Governor and his or her successor appointed within thirty (30) days from the date of removal.

(c) (1) Any owner, agent, lessee, or other person convicted of the violation of any of the provisions of the mining laws of this state or failing in any manner to comply therewith shall be deemed guilty of a misdemeanor. (2) Upon conviction, the person shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) except where provisions of the mining laws otherwise provide penalties.

(1) Any owner, agent, lessee, or other person convicted of the violation of any of the provisions of the mining laws of this state or failing in any manner to comply therewith shall be deemed guilty of a misdemeanor.

(2) Upon conviction, the person shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) except where provisions of the mining laws otherwise provide penalties.

(d) Each day any violation or failure shall continue on the part of any owner, agent, lessee, or other person shall be deemed a separate offense.

Acts 1917, No. 130, § 6, p. 683; C. & M. Dig., § 7256; Pope's Dig., § 9312; A.S.A. 1947, § 52-410.
Ark. Code Ann. § 11-10-1006 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1006
Election
Status: in_force

(a) (1) Arkansas Unemployment Trust Fund Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor as provided under § 11-10-1005 . (2) (A) An election under this section may be held on a date under § 7-11-205 . (B) (i) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. (ii) However, separate ballots containing only the issue or issues to be voted upon at the special election shall be prepared and made available to voters requesting a separate ballot. (iii) A voter shall not be required to vote in a political party's presidential preferential primary election, preferential primary election, or general primary election in order to be able to vote in the special election. (b) (1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election. (2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the Arkansas Development Finance Authority to issue Arkansas Unemployment Trust Fund Bonds (the 'Bonds') in a total principal amount not to exceed five hundred million dollars ($500,000,000). If approved, the bonds may be issued in one (1) or more series for the purpose of repaying the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 , paying the costs of issuance of the bonds including without limitation the costs of bond insurance or other credit enhancement, paying unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund, providing a debt service reserve, and paying capitalized interest on the bonds for a period not to exceed two (2) years. The bonds shall be payable from certain designated revenues. Under the Unemployment Trust Fund Financing Act of 2011, ('the Bond Act'), the bonds will be repaid from an unemployment obligation assessment imposed on employers. The bonds shall be issued under the authority of and the terms set forth in the Bond Act. The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and the employer's contribution rate as of the employer's liability date for employers establishing accounts after the date of the proclamation by: (a) 25% if the aggregate principal amount of bonds issued is $350,000,000 or less; (b) 30% if the aggregate principal amount of bonds issued is $350,000,001 to $400,000,000; (c) 33.5% if the aggregate principal amount of bonds issued is $400,000,001 to $450,000,000; and (d) 37.5% if the aggregate principal amount of bonds issued is $450,000,001 to $500,000,000." (c) The ballot title shall be "Issuance of Arkansas Unemployment Trust Fund Bonds, and levy and pledge of an unemployment obligation assessment". On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR issuance of Arkansas Unemployment Trust Fund Bonds in an amount not to exceed $500,000,000, and levy and pledge of an unemployment obligation assessment...............[ ]" "AGAINST issuance of Arkansas Unemployment Trust Fund Bonds in an amount not to exceed $500,000,000, and levy and pledge of an unemployment obligation assessment...............[ ]" (d) The notice and ballot shall contain a definition of "employer's contribution rate" as described in §§ 11-10-704 and 11-10-705 . (e) (1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state. (2) (A) The vote shall be canvassed and the result of the vote declared in each county by the board. (B) Within ten (10) days after the date of the election, the results shall be certified by the boards to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter. (f) (1) The result of the election shall be proclaimed by the Governor by the publication of a proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. (2) The results as proclaimed shall be conclusive unless a complaint challenging the proclaimed results is filed in Pulaski County Circuit Court within thirty (30) days after the date of the publication. (g) (1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, the Arkansas Development Finance Authority shall proceed with the issuance of the bonds in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, the Arkansas Development Finance Authority shall have no authority to issue bonds. (h) Subsequent elections may be called by the Governor if the proposition fails, but each such subsequent election may be held no earlier than six (6) months after the date of the preceding election. Amended by Act 2021, No. 610,§ 11, eff. 1/1/2022. Acts 2011, No. 1125, § 1.

(a) (1) Arkansas Unemployment Trust Fund Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor as provided under § 11-10-1005 . (2) (A) An election under this section may be held on a date under § 7-11-205 . (B) (i) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. (ii) However, separate ballots containing only the issue or issues to be voted upon at the special election shall be prepared and made available to voters requesting a separate ballot. (iii) A voter shall not be required to vote in a political party's presidential preferential primary election, preferential primary election, or general primary election in order to be able to vote in the special election.

(1) Arkansas Unemployment Trust Fund Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor as provided under § 11-10-1005 .

(2) (A) An election under this section may be held on a date under § 7-11-205 . (B) (i) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. (ii) However, separate ballots containing only the issue or issues to be voted upon at the special election shall be prepared and made available to voters requesting a separate ballot. (iii) A voter shall not be required to vote in a political party's presidential preferential primary election, preferential primary election, or general primary election in order to be able to vote in the special election.

(A) An election under this section may be held on a date under § 7-11-205 .

(B) (i) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. (ii) However, separate ballots containing only the issue or issues to be voted upon at the special election shall be prepared and made available to voters requesting a separate ballot. (iii) A voter shall not be required to vote in a political party's presidential preferential primary election, preferential primary election, or general primary election in order to be able to vote in the special election.

(i) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party.

(ii) However, separate ballots containing only the issue or issues to be voted upon at the special election shall be prepared and made available to voters requesting a separate ballot.

(iii) A voter shall not be required to vote in a political party's presidential preferential primary election, preferential primary election, or general primary election in order to be able to vote in the special election.

(b) (1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election. (2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the Arkansas Development Finance Authority to issue Arkansas Unemployment Trust Fund Bonds (the 'Bonds') in a total principal amount not to exceed five hundred million dollars ($500,000,000). If approved, the bonds may be issued in one (1) or more series for the purpose of repaying the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 , paying the costs of issuance of the bonds including without limitation the costs of bond insurance or other credit enhancement, paying unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund, providing a debt service reserve, and paying capitalized interest on the bonds for a period not to exceed two (2) years. The bonds shall be payable from certain designated revenues. Under the Unemployment Trust Fund Financing Act of 2011, ('the Bond Act'), the bonds will be repaid from an unemployment obligation assessment imposed on employers. The bonds shall be issued under the authority of and the terms set forth in the Bond Act. The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and the employer's contribution rate as of the employer's liability date for employers establishing accounts after the date of the proclamation by: (a) 25% if the aggregate principal amount of bonds issued is $350,000,000 or less; (b) 30% if the aggregate principal amount of bonds issued is $350,000,001 to $400,000,000; (c) 33.5% if the aggregate principal amount of bonds issued is $400,000,001 to $450,000,000; and (d) 37.5% if the aggregate principal amount of bonds issued is $450,000,001 to $500,000,000."

(1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election.

(A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and

(B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election.

(2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the Arkansas Development Finance Authority to issue Arkansas Unemployment Trust Fund Bonds (the 'Bonds') in a total principal amount not to exceed five hundred million dollars ($500,000,000). If approved, the bonds may be issued in one (1) or more series for the purpose of repaying the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 , paying the costs of issuance of the bonds including without limitation the costs of bond insurance or other credit enhancement, paying unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund, providing a debt service reserve, and paying capitalized interest on the bonds for a period not to exceed two (2) years. The bonds shall be payable from certain designated revenues. Under the Unemployment Trust Fund Financing Act of 2011, ('the Bond Act'), the bonds will be repaid from an unemployment obligation assessment imposed on employers. The bonds shall be issued under the authority of and the terms set forth in the Bond Act. The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and the employer's contribution rate as of the employer's liability date for employers establishing accounts after the date of the proclamation by: (a) 25% if the aggregate principal amount of bonds issued is $350,000,000 or less; (b) 30% if the aggregate principal amount of bonds issued is $350,000,001 to $400,000,000; (c) 33.5% if the aggregate principal amount of bonds issued is $400,000,001 to $450,000,000; and (d) 37.5% if the aggregate principal amount of bonds issued is $450,000,001 to $500,000,000."

"Authorizing the Arkansas Development Finance Authority to issue Arkansas Unemployment Trust Fund Bonds (the 'Bonds') in a total principal amount not to exceed five hundred million dollars ($500,000,000). If approved, the bonds may be issued in one (1) or more series for the purpose of repaying the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 , paying the costs of issuance of the bonds including without limitation the costs of bond insurance or other credit enhancement, paying unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund, providing a debt service reserve, and paying capitalized interest on the bonds for a period not to exceed two (2) years.

The bonds shall be payable from certain designated revenues. Under the Unemployment Trust Fund Financing Act of 2011, ('the Bond Act'), the bonds will be repaid from an unemployment obligation assessment imposed on employers. The bonds shall be issued under the authority of and the terms set forth in the Bond Act.

The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and the employer's contribution rate as of the employer's liability date for employers establishing accounts after the date of the proclamation by:

(a) 25% if the aggregate principal amount of bonds issued is $350,000,000 or less;

(b) 30% if the aggregate principal amount of bonds issued is $350,000,001 to $400,000,000;

(c) 33.5% if the aggregate principal amount of bonds issued is $400,000,001 to $450,000,000; and

(d) 37.5% if the aggregate principal amount of bonds issued is $450,000,001 to $500,000,000."

(c) The ballot title shall be "Issuance of Arkansas Unemployment Trust Fund Bonds, and levy and pledge of an unemployment obligation assessment". On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR issuance of Arkansas Unemployment Trust Fund Bonds in an amount not to exceed $500,000,000, and levy and pledge of an unemployment obligation assessment...............[ ]" "AGAINST issuance of Arkansas Unemployment Trust Fund Bonds in an amount not to exceed $500,000,000, and levy and pledge of an unemployment obligation assessment...............[ ]"

"FOR issuance of Arkansas Unemployment Trust Fund Bonds in an amount not to exceed $500,000,000, and levy and pledge of an unemployment obligation assessment...............[ ]"

"AGAINST issuance of Arkansas Unemployment Trust Fund Bonds in an amount not to exceed $500,000,000, and levy and pledge of an unemployment obligation assessment...............[ ]"

(d) The notice and ballot shall contain a definition of "employer's contribution rate" as described in §§ 11-10-704 and 11-10-705 .

(e) (1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state. (2) (A) The vote shall be canvassed and the result of the vote declared in each county by the board. (B) Within ten (10) days after the date of the election, the results shall be certified by the boards to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

(1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state.

(2) (A) The vote shall be canvassed and the result of the vote declared in each county by the board. (B) Within ten (10) days after the date of the election, the results shall be certified by the boards to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

(A) The vote shall be canvassed and the result of the vote declared in each county by the board.

(B) Within ten (10) days after the date of the election, the results shall be certified by the boards to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

(f) (1) The result of the election shall be proclaimed by the Governor by the publication of a proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. (2) The results as proclaimed shall be conclusive unless a complaint challenging the proclaimed results is filed in Pulaski County Circuit Court within thirty (30) days after the date of the publication.

(1) The result of the election shall be proclaimed by the Governor by the publication of a proclamation one (1) time in a newspaper of general circulation in the State of Arkansas.

(2) The results as proclaimed shall be conclusive unless a complaint challenging the proclaimed results is filed in Pulaski County Circuit Court within thirty (30) days after the date of the publication.

(g) (1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, the Arkansas Development Finance Authority shall proceed with the issuance of the bonds in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, the Arkansas Development Finance Authority shall have no authority to issue bonds.

(1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, the Arkansas Development Finance Authority shall proceed with the issuance of the bonds in the manner and on the terms set forth in this subchapter.

(2) If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, the Arkansas Development Finance Authority shall have no authority to issue bonds.

(h) Subsequent elections may be called by the Governor if the proposition fails, but each such subsequent election may be held no earlier than six (6) months after the date of the preceding election.

Amended by Act 2021, No. 610,§ 11, eff. 1/1/2022.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-9-520 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-520
Compensation for disability - Temporary partial disability
Status: in_force

In case of temporary partial disability resulting in the decrease of the injured employee's average weekly wage, there shall be paid to the employee sixty-six and two-thirds percent (662/3%) of the difference between the employee's average weekly wage prior to the accident and his or her wage-earning capacity after the injury. 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; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8.

In case of temporary partial disability resulting in the decrease of the injured employee's average weekly wage, there shall be paid to the employee sixty-six and two-thirds percent (662/3%) of the difference between the employee's average weekly wage prior to the accident and his or her wage-earning capacity after the injury.

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; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8.
Ark. Code Ann. § 11-14-101 — AR Code / Title 11 / Chapter 14 / Section 11-14-101
Legislative intent
Status: in_force

(a) It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. It is further the intent of the General Assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. (b) (1) If an employer implements a drug-free workplace program under this chapter that includes notice, education, and procedural requirements for testing for drugs and alcohol under rules developed by the Workers' Health and Safety Division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol, and if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted under this chapter as excessive, the employee may be terminated and may be precluded from workers' compensation medical and indemnity benefits. (2) However, a drug-free workplace program shall require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body, and if an injured employee refuses to submit to a test for drugs or alcohol, the employee may be precluded from workers' compensation medical and indemnity benefits. Amended by Act 2017, No. 154,§ 1, eff. 8/1/2017. Acts 1999, No. 1552, § 1; 2001, No. 1757, § 9.

(a) It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. It is further the intent of the General Assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits.

(b) (1) If an employer implements a drug-free workplace program under this chapter that includes notice, education, and procedural requirements for testing for drugs and alcohol under rules developed by the Workers' Health and Safety Division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol, and if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted under this chapter as excessive, the employee may be terminated and may be precluded from workers' compensation medical and indemnity benefits. (2) However, a drug-free workplace program shall require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body, and if an injured employee refuses to submit to a test for drugs or alcohol, the employee may be precluded from workers' compensation medical and indemnity benefits.

(1) If an employer implements a drug-free workplace program under this chapter that includes notice, education, and procedural requirements for testing for drugs and alcohol under rules developed by the Workers' Health and Safety Division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol, and if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted under this chapter as excessive, the employee may be terminated and may be precluded from workers' compensation medical and indemnity benefits.

(2) However, a drug-free workplace program shall require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body, and if an injured employee refuses to submit to a test for drugs or alcohol, the employee may be precluded from workers' compensation medical and indemnity benefits.

Amended by Act 2017, No. 154,§ 1, eff. 8/1/2017.

Acts 1999, No. 1552, § 1; 2001, No. 1757, § 9.
Ark. Code Ann. § 11-10-711 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-711
Temporary closing of business because of absence in armed forces
Status: in_force

(a) Notwithstanding any inconsistent provisions of this chapter, if the Director of the Division of Workforce Services finds that an employer's business was closed solely because of the entrance of one (1) or more of the owners, officers, partners, or the majority stockholder into the armed forces of the United States or any of its allies, or of the United Nations, or into state active duty with the Arkansas National Guard, the employer's account shall, for experience rating purposes, not be considered as terminated. If the business is resumed by the employer within one (1) year after the discharge or release of the person from active duty in the armed forces or from state active duty with the Arkansas National Guard, the employer's experience shall be deemed to have been continuous through the closed period. (b) The employer's reserve ratio after returning from military duty shall be the ratio of the employer's reserve, including regular benefits paid to any individual during the period the employer was in the armed forces, to the average of the employer's annual payrolls for the three (3) or five (5) most recent calendar years for which the employer has reported taxable wages, whichever average is the lesser. (c) However, successorship provisions shall apply to this account only if the business has been resumed by the employer. Amended by Act 2019, No. 910,§ 293, eff. 7/1/2019. Amended by Act 2019, No. 462,§ 10, eff. 7/24/2019. Acts 1941, No. 391, § 7; 1943, No. 135, § 1; 1943, No. 138, §§ 11-13; 1943, No. 256, § 1; 1945, No. 8, § 1; 1947, No. 398, §§ 6, 7; 1949, No. 155, §§ 8-11; 1953, No. 162, § 15; 1963, No. 93, § 9; 1971, No. 35, § 14; A.S.A. 1947, § 81-1108.

(a) Notwithstanding any inconsistent provisions of this chapter, if the Director of the Division of Workforce Services finds that an employer's business was closed solely because of the entrance of one (1) or more of the owners, officers, partners, or the majority stockholder into the armed forces of the United States or any of its allies, or of the United Nations, or into state active duty with the Arkansas National Guard, the employer's account shall, for experience rating purposes, not be considered as terminated. If the business is resumed by the employer within one (1) year after the discharge or release of the person from active duty in the armed forces or from state active duty with the Arkansas National Guard, the employer's experience shall be deemed to have been continuous through the closed period.

(b) The employer's reserve ratio after returning from military duty shall be the ratio of the employer's reserve, including regular benefits paid to any individual during the period the employer was in the armed forces, to the average of the employer's annual payrolls for the three (3) or five (5) most recent calendar years for which the employer has reported taxable wages, whichever average is the lesser.

(c) However, successorship provisions shall apply to this account only if the business has been resumed by the employer.

Amended by Act 2019, No. 910,§ 293, eff. 7/1/2019.

Amended by Act 2019, No. 462,§ 10, eff. 7/24/2019.

Acts 1941, No. 391, § 7; 1943, No. 135, § 1; 1943, No. 138, §§ 11-13; 1943, No. 256, § 1; 1945, No. 8, § 1; 1947, No. 398, §§ 6, 7; 1949, No. 155, §§ 8-11; 1953, No. 162, § 15; 1963, No. 93, § 9; 1971, No. 35, § 14; A.S.A. 1947, § 81-1108.
Ark. Code Ann. § 11-9-109 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-109
Agreement to pay premium void
Status: in_force

(a) No agreement by an employee to pay any portion of the premium paid by his or her employer to a carrier or to contribute to a safety program as provided under § 11-9-409 or a benefit fund or department maintained by the employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid. (b) Any employer who makes a deduction for those purposes from the pay of any employee entitled to the benefits of this chapter shall be guilty of a Class D felony. Init. Meas. 1948, No. 4, § 20, Acts 1949, p. 1420; A.S.A. 1947, § 81-1320; Acts 1993, No. 796, § 7.

(a) No agreement by an employee to pay any portion of the premium paid by his or her employer to a carrier or to contribute to a safety program as provided under § 11-9-409 or a benefit fund or department maintained by the employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid.

(b) Any employer who makes a deduction for those purposes from the pay of any employee entitled to the benefits of this chapter shall be guilty of a Class D felony.

Init. Meas. 1948, No. 4, § 20, Acts 1949, p. 1420; A.S.A. 1947, § 81-1320; Acts 1993, No. 796, § 7.
Ark. Code Ann. § 11-11-227 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-227
Fee restrictions and requirements
Status: in_force

(a) When employment lasts less than ninety (90) calendar days, regardless of the reason, no employment agency may charge an employee a fee of more than one-ninetieth (1/90th) of the permanent placement fee for each calendar day of the employment. Under no circumstances shall the fee exceed twenty percent (20%) of an employee's actual gross earnings if employment lasts less than thirty (30) days or forty percent (40%) of an employee's actual gross earnings if employment lasts more than thirty (30) days but less than ninety (90) days. (b) (1) When a promissory note is used by the agency, it shall be clearly identified as such and shall not be executed until the placement is made. (2) The defense of no or insufficient consideration shall be good as against a holder of any such employment agency fee note. (c) (1) When a dispute concerning a fee exists, the Division of Labor may conduct an investigation to determine all of the facts concerning the dispute. Thereafter, the Director of the Division of Labor shall issue a decision and order resolving the dispute. (2) Any person aggrieved by this decision and order may obtain review of this decision and order pursuant to § 11-11-222 . (d) (1) Any schedule of fees to be charged by an employment agency for its services shall be furnished to all applicants upon making application with the agency. (2) (A) The forms, fee schedules, and contracts utilized by an employment agency shall contain no ambiguous, false, or misleading information. (B) No contract or fee schedule shall contain smaller than eight-point type. (e) (1) All fee schedules used in the business of an employment agency must be furnished to job applicants and fee-paying employers and shall state in dollars and cents the amount of any fee charged by the agency for its services. (2) Percentages shall not be used by agencies in schedules of fees to be charged for their services, except when the annual salary for a job is twelve thousand dollars ($12,000) or more. (f) It shall be unlawful for any employment agency to impose, enforce, collect, or receive a fee for performance of any service for a job applicant, or for a prospective employer, unless the agency makes every reasonable effort to disclose the exact dollar amount of the fee to the applicant or prospective employer prior to commencement of employment of an applicant by an employer. (g) Nothing in this section or this subchapter shall be construed to prohibit an employment agency from contracting with an employer on a fee-paid basis to pay the fee for the placement services for an employee without an actual job placement or to prohibit an agency from charging a fee to an employer for a retained services contract to search for applicants for an employer without an actual job placement. Amended by Act 2019, No. 910,§ 5395, eff. 7/1/2019. Acts 1975, No. 493, § 12; A.S.A. 1947, § 81-1024; Acts 1995, No. 283, § 2.

(a) When employment lasts less than ninety (90) calendar days, regardless of the reason, no employment agency may charge an employee a fee of more than one-ninetieth (1/90th) of the permanent placement fee for each calendar day of the employment. Under no circumstances shall the fee exceed twenty percent (20%) of an employee's actual gross earnings if employment lasts less than thirty (30) days or forty percent (40%) of an employee's actual gross earnings if employment lasts more than thirty (30) days but less than ninety (90) days.

(b) (1) When a promissory note is used by the agency, it shall be clearly identified as such and shall not be executed until the placement is made. (2) The defense of no or insufficient consideration shall be good as against a holder of any such employment agency fee note.

(1) When a promissory note is used by the agency, it shall be clearly identified as such and shall not be executed until the placement is made.

(2) The defense of no or insufficient consideration shall be good as against a holder of any such employment agency fee note.

(c) (1) When a dispute concerning a fee exists, the Division of Labor may conduct an investigation to determine all of the facts concerning the dispute. Thereafter, the Director of the Division of Labor shall issue a decision and order resolving the dispute. (2) Any person aggrieved by this decision and order may obtain review of this decision and order pursuant to § 11-11-222 .

(1) When a dispute concerning a fee exists, the Division of Labor may conduct an investigation to determine all of the facts concerning the dispute. Thereafter, the Director of the Division of Labor shall issue a decision and order resolving the dispute.

(2) Any person aggrieved by this decision and order may obtain review of this decision and order pursuant to § 11-11-222 .

(d) (1) Any schedule of fees to be charged by an employment agency for its services shall be furnished to all applicants upon making application with the agency. (2) (A) The forms, fee schedules, and contracts utilized by an employment agency shall contain no ambiguous, false, or misleading information. (B) No contract or fee schedule shall contain smaller than eight-point type.

(1) Any schedule of fees to be charged by an employment agency for its services shall be furnished to all applicants upon making application with the agency.

(2) (A) The forms, fee schedules, and contracts utilized by an employment agency shall contain no ambiguous, false, or misleading information. (B) No contract or fee schedule shall contain smaller than eight-point type.

(A) The forms, fee schedules, and contracts utilized by an employment agency shall contain no ambiguous, false, or misleading information.

(B) No contract or fee schedule shall contain smaller than eight-point type.

(e) (1) All fee schedules used in the business of an employment agency must be furnished to job applicants and fee-paying employers and shall state in dollars and cents the amount of any fee charged by the agency for its services. (2) Percentages shall not be used by agencies in schedules of fees to be charged for their services, except when the annual salary for a job is twelve thousand dollars ($12,000) or more.

(1) All fee schedules used in the business of an employment agency must be furnished to job applicants and fee-paying employers and shall state in dollars and cents the amount of any fee charged by the agency for its services.

(2) Percentages shall not be used by agencies in schedules of fees to be charged for their services, except when the annual salary for a job is twelve thousand dollars ($12,000) or more.

(f) It shall be unlawful for any employment agency to impose, enforce, collect, or receive a fee for performance of any service for a job applicant, or for a prospective employer, unless the agency makes every reasonable effort to disclose the exact dollar amount of the fee to the applicant or prospective employer prior to commencement of employment of an applicant by an employer.

(g) Nothing in this section or this subchapter shall be construed to prohibit an employment agency from contracting with an employer on a fee-paid basis to pay the fee for the placement services for an employee without an actual job placement or to prohibit an agency from charging a fee to an employer for a retained services contract to search for applicants for an employer without an actual job placement.

Amended by Act 2019, No. 910,§ 5395, eff. 7/1/2019.

Acts 1975, No. 493, § 12; A.S.A. 1947, § 81-1024; Acts 1995, No. 283, § 2.
Ark. Code Ann. § 11-2-117 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-117
Safe place of employment - Duties of employer and director
Status: in_force

(a) Every employer shall furnish employment that is safe for the employees therein and shall furnish and use safety devices and safeguards. The employer shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of the employees. (b) Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall construct, repair, and maintain it so as to render it safe. (c) If the Director of the Division of Labor or his or her authorized representative finds that any machine, tool, or equipment, or any part thereof, is in a dangerous condition, is not properly guarded, or is dangerously placed, he or she shall attach to the machine, tool, or equipment a notice warning all persons against its use and setting out in complete detail the conditions that render the machine, tool, or equipment unfit for service. The machine, tool, or equipment shall not be used until it is made safe, the required safeguards or safety appliances or devices as set forth in the certificate attached thereto have been fully corrected, and notice of the correction is sent to the Division of Labor by registered mail, accompanied by a certificate from a competent mechanic certifying correction of the defects. Amended by Act 2019, No. 910,§ 5294, eff. 7/1/2019. Acts 1937, No. 161, § 9; Pope's Dig., § 8505; A.S.A. 1947, § 81-108.

(a) Every employer shall furnish employment that is safe for the employees therein and shall furnish and use safety devices and safeguards. The employer shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of the employees.

(b) Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall construct, repair, and maintain it so as to render it safe.

(c) If the Director of the Division of Labor or his or her authorized representative finds that any machine, tool, or equipment, or any part thereof, is in a dangerous condition, is not properly guarded, or is dangerously placed, he or she shall attach to the machine, tool, or equipment a notice warning all persons against its use and setting out in complete detail the conditions that render the machine, tool, or equipment unfit for service. The machine, tool, or equipment shall not be used until it is made safe, the required safeguards or safety appliances or devices as set forth in the certificate attached thereto have been fully corrected, and notice of the correction is sent to the Division of Labor by registered mail, accompanied by a certificate from a competent mechanic certifying correction of the defects.

Amended by Act 2019, No. 910,§ 5294, eff. 7/1/2019.

Acts 1937, No. 161, § 9; Pope's Dig., § 8505; A.S.A. 1947, § 81-108.
Ark. Code Ann. § 11-6-115 — AR Code / Title 11 / Chapter 6 / Section 11-6-115
Domestic labor and child care in connection with church functions permitted - Definition
Status: in_force

(a) As used in this section, "domestic labor" means any occasional, irregular, or incidental work related to and in or around private residences, including, but not limited to babysitting, pet sitting, similar household chores, and manual yard work. This definition specifically excludes industrial homework, work for a third party such as a sitting service, and any activity determined by the Director of the Division of Labor to be hazardous pursuant to the provisions of § 11-6-107(b) . (b) Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to any child employed for the purposes of domestic labor. (c) Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to employees of churches performing childcare services where children are cared for during short periods of time while parents or persons in charge of the children are attending church services or functions. Amended by Act 2019, No. 910,§ 5343, eff. 7/1/2019. Acts 1997, No. 934, § 1.

(a) As used in this section, "domestic labor" means any occasional, irregular, or incidental work related to and in or around private residences, including, but not limited to babysitting, pet sitting, similar household chores, and manual yard work. This definition specifically excludes industrial homework, work for a third party such as a sitting service, and any activity determined by the Director of the Division of Labor to be hazardous pursuant to the provisions of § 11-6-107(b) .

(b) Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to any child employed for the purposes of domestic labor.

(c) Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to employees of churches performing childcare services where children are cared for during short periods of time while parents or persons in charge of the children are attending church services or functions.

Amended by Act 2019, No. 910,§ 5343, eff. 7/1/2019.

Acts 1997, No. 934, § 1.
Ark. Code Ann. § 11-10-516 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-516
Disqualification - Refusal to report after layoff
Status: in_force

(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if while on a layoff of ten (10) weeks or less, he or she refuses to report for work within one (1) week after notice of recall to the same job or to a suitable job similar to the one from which he or she was laid off, or if while unemployed, he or she voluntarily removes his or her name from a recall list set forth in a written contract of a base-period employer, provided that the employer files a written notice of the refusal of recall or removal from a recall list with the Division of Workforce Services within seven (7) days of the occurrence. (2) The disqualification shall begin on the date of receipt of the written notice of refusal of recall or removal from the recall list by the division and shall continue until, subsequent to filing his or her claim, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, or another state, or of the United States. (b) No individual shall be disqualified under this section if he or she refuses to report for recall to the job or removes his or her name from a recall list as described in subsection (a) of this section because he or she is employed on a full-time basis, has a written offer of a job, or because of circumstances of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification. Amended by Act 2019, No. 910,§ 244, eff. 7/1/2019. Acts 1941, No. 391, § 5; 1955, No. 395, § 14; 1983, No. 482, § 18; A.S.A. 1947, § 81-1106; Acts 1987, No. 753, § 15; 2005, No. 902, § 3.

(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if while on a layoff of ten (10) weeks or less, he or she refuses to report for work within one (1) week after notice of recall to the same job or to a suitable job similar to the one from which he or she was laid off, or if while unemployed, he or she voluntarily removes his or her name from a recall list set forth in a written contract of a base-period employer, provided that the employer files a written notice of the refusal of recall or removal from a recall list with the Division of Workforce Services within seven (7) days of the occurrence. (2) The disqualification shall begin on the date of receipt of the written notice of refusal of recall or removal from the recall list by the division and shall continue until, subsequent to filing his or her claim, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, or another state, or of the United States.

(1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if while on a layoff of ten (10) weeks or less, he or she refuses to report for work within one (1) week after notice of recall to the same job or to a suitable job similar to the one from which he or she was laid off, or if while unemployed, he or she voluntarily removes his or her name from a recall list set forth in a written contract of a base-period employer, provided that the employer files a written notice of the refusal of recall or removal from a recall list with the Division of Workforce Services within seven (7) days of the occurrence.

(2) The disqualification shall begin on the date of receipt of the written notice of refusal of recall or removal from the recall list by the division and shall continue until, subsequent to filing his or her claim, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, or another state, or of the United States.

(b) No individual shall be disqualified under this section if he or she refuses to report for recall to the job or removes his or her name from a recall list as described in subsection (a) of this section because he or she is employed on a full-time basis, has a written offer of a job, or because of circumstances of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification.

Amended by Act 2019, No. 910,§ 244, eff. 7/1/2019.

Acts 1941, No. 391, § 5; 1955, No. 395, § 14; 1983, No. 482, § 18; A.S.A. 1947, § 81-1106; Acts 1987, No. 753, § 15; 2005, No. 902, § 3.
Ark. Code Ann. § 11-14-111 — AR Code / Title 11 / Chapter 14 / Section 11-14-111
Rules and regulations
Status: in_force

(a) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission is authorized to adopt rules, using criteria established by the United States Department of Health and Human Services and the United States Department of Transportation as guidelines, for modeling the state drug and alcohol testing program, concerning, but not limited to: (1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of such licenses; (2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing; (3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests; (4) Minimum cut-off detection levels for alcohol, each drug, or metabolites of such drug for the purposes of determining a positive test result; (5) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and (6) Retention, storage, and transportation procedures to ensure reliable results on confirmation tests and retests. (b) The director is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections. All such rules shall be promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) The director shall consider drug testing programs and laboratories operating as a part of the Forensic Urine Drug Testing Accreditation Programs of the College of American Pathologists in issuing guidelines or promulgating rules relative to recognized authorities in drug testing. (d) The director is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The requirements shall not be more stringent than the federal requirements for workplaces regulated by United States Department of Transportation rules. Acts 1999, No. 1552, § 11.

(a) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission is authorized to adopt rules, using criteria established by the United States Department of Health and Human Services and the United States Department of Transportation as guidelines, for modeling the state drug and alcohol testing program, concerning, but not limited to: (1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of such licenses; (2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing; (3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests; (4) Minimum cut-off detection levels for alcohol, each drug, or metabolites of such drug for the purposes of determining a positive test result; (5) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and (6) Retention, storage, and transportation procedures to ensure reliable results on confirmation tests and retests.

(1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of such licenses;

(2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing;

(3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests;

(4) Minimum cut-off detection levels for alcohol, each drug, or metabolites of such drug for the purposes of determining a positive test result;

(5) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and

(6) Retention, storage, and transportation procedures to ensure reliable results on confirmation tests and retests.

(b) The director is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections. All such rules shall be promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) The director shall consider drug testing programs and laboratories operating as a part of the Forensic Urine Drug Testing Accreditation Programs of the College of American Pathologists in issuing guidelines or promulgating rules relative to recognized authorities in drug testing.

(d) The director is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The requirements shall not be more stringent than the federal requirements for workplaces regulated by United States Department of Transportation rules.

Acts 1999, No. 1552, § 11.