reglab/housing_qa huggingface dataset:
AR Code § 8-7-1003 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1003. Definitions

 (a) As used in this subchapter:  (1) “Chemical manufacturer” means an employer with a workplace where chemicals are produced for use or distribution;  (2) [Repealed.]  (3) “Distributor” means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers;  (4) “Exposure” or “exposed” means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure;  (5) “Hazard Communication Standard” means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at 29 C.F.R. § 1910.1200, as of July 1, 1991;  (6) “Hazardous chemical” means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard;  (7) “Label” or “labeling” means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals;  (8) “Material safety data sheet” means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard;  (9)  (A) “Public employee” means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies.  (B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals;    (10) “Public employer” means the State of Arkansas and each political subdivision thereof, as defined in § 21-5-603(b);  (11) “Trade secret” is defined in accordance with § 4-75-601(4);  (12) “Work area” means a room or defined space in a workplace where hazardous chemicals are produced or used and where public employees are present;  (13) “Workplace” means an establishment, job site, or project at one (1) geographical location containing one (1) or more work areas under a public employer's control or direction; and  (14) “Workplace chemical list” means a list of hazardous chemicals in a workplace developed pursuant to § 8-7-1007.    (b) All other definitions of the Hazard Communication Standard as they exist on the date of enactment of this subchapter are hereby adopted and incorporated by reference.
AR Code § 8-7-1004 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1004. Duties of public employers

 Each public employer shall do the following:   (1) Post adequate notice, as provided by the Director of the Division of Labor, at locations where notices are normally posted, informing public employees about their rights under this subchapter;  (2) Ensure proper hazardous chemical labeling in accordance with § 8-7-1005;  (3) Maintain and make available material safety data sheets in accordance with § 8-7-1006;  (4) Compile and maintain a workplace chemical list in accordance with § 8-7-1007;  (5) Provide public employee information and training in accordance with § 8-7-1008; and  (6) Handle trade secrets in accordance with § 8-7-1012.
AR Code § 8-7-1005 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1005. Labeling — Definition

 (a) Existing labels on containers of hazardous chemicals shall not be removed or defaced.  (b)  (1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings.  (2) However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., or the Arkansas Pesticide Control Act, § 2-16-401 et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container.    (c) A public employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the public employee who performs the transfer. Public employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the public employee who placed the hazardous chemical into the portable container. As used in this subsection, “unlabeled container” means a container which is not labeled in accordance with this section or the Hazard Communication Standard.
AR Code § 8-7-1007 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1007. Workplace chemical lists

 (a) Each public employer shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used, generated, or stored in the workplace in an amount equal to or greater than fifty-five gallons (55 gals.) or five hundred pounds (500 lbs.):  (1) The chemical name or common name used on the material safety data sheet or the container label;  (2) The Chemical Abstracts Service number for such hazardous chemical if such Chemical Abstracts Service number is included on the material safety data sheet; and  (3) The work area or workplace in which the hazardous chemical is normally used, generated, or stored.    (b) Each public employer shall update the workplace chemical list with the Director of the Division of Labor as necessary, but in any case by July 1 of each year.  (c) A public employer may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by identifying on the workplace chemical list each element or compound in the mixture which is a hazardous chemical or by identifying on the workplace chemical list the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) listing of the element or compound is necessary.
AR Code § 8-7-1009 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1009. Outreach activities of the director

 (a) The Director of the Division of Labor shall develop and give each public employer a suitable form of notice providing public employees with information regarding their rights under this subchapter.  (b) The director shall develop and maintain a general information and training assistance program to aid public employers. The general information and training assistance program shall be made available to all public employers. As part of the general information and training assistance program, the director may develop and distribute a supply of informational leaflets on public employers' duties, public employees' rights, and the effects of hazardous chemicals.  (c) The director may contract with state universities or other public or private organizations to develop and implement the outreach program.
AR Code § 8-7-1010 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1010. Rights of public employees

 (a) Public employees who may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list, material safety data sheets for the hazardous chemicals on the workplace chemical list, and information and training as provided in this subchapter.  (b) No public employer shall discharge or cause to be discharged or otherwise discipline or discriminate against a public employee because the public employee has requested information, filed a complaint, assisted an inspector of the Director of the Division of Labor, or instituted or caused to be instituted any complaint or proceeding under or related to this subchapter or has testified or is about to testify in any such proceeding or has exercised any rights afforded by this subchapter on behalf of the public employee or other public employees, nor shall any pay, position, seniority, or other benefits to which the public employee may be entitled be lost because the public employee exercised rights afforded by this subchapter.  (c) Any waiver of the benefits or requirements of this subchapter shall be against public policy and shall be null and void. Any public employer's request or requirement that a person waive any rights under this subchapter as a condition of or in connection with employment shall constitute a violation.
AR Code § 8-7-1011 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1011. Rulemaking

 (a) The Director of the Division of Labor may promulgate rules in accordance with the provisions of §§ 11-2-110, 11-2-112, and 11-2-113 to implement the provisions of this subchapter. This authority shall include, but not be limited to, the authority to implement changes corresponding to future amendments to the Hazard Communication Standard to maintain consistency between this subchapter and the Hazard Communication Standard.  (b) The director shall promulgate rules requiring public employers to carry out information and training programs for their public employees and specifying the minimum content of education and training programs as provided in § 8-7-1008.
AR Code § 8-7-1012 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1012. Trade secrets

 (a) A public employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from a material safety data sheet or workplace chemical list only if all the following conditions are met:  (1) The claim that the information indicates that the specific chemical identity is being withheld as a trade secret;  (2) The material safety data sheet or the chemical indicates that the specific chemical identity is being withheld as a trade secret;  (3) All information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; and  (4) The specific chemical identity is made available to health professionals, employees, and their designated representatives under the same conditions as are set out in the Hazard Communication Standard, 29 C.F.R. § 1910.1200(i)(2)-(7), provided, the information disclosable to the United States Occupational Safety and Health Administration under the Hazard Communication Standard shall also be disclosable to the Director of the Division of Labor.    (b) The director, upon his or her initiative or upon request by a public employee, designated representative, or public employer, shall request any or all of the data substantiating the trade secret claim to determine whether the claim is valid. The director shall protect from disclosure all information coming into his or her possession that is marked as confidential and shall return all information so marked at the conclusion of his or her determination.  (c) Any information marked confidential pursuant to subsection (b) of this section shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to the public, but otherwise shall be held in a manner consistent with that provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for hearings in contested cases. The proponent of disclosure shall also have the right to be heard.  (d) No employee of the State of Arkansas shall disclose any information designated as a trade secret other than within the provisions of this subchapter.  (e) Nothing in this section shall be construed as requiring the disclosure under any circumstances of process or percentages of mixture information that is a trade secret.
AR Code § 8-7-1013 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1013. Complaints and investigations

 (a) Complaints received orally or in writing from public employees, their designated representatives, or public employers related to alleged violations of this subchapter shall be investigated in a timely manner by the Director of the Division of Labor.  (b) Officers or duly designated representatives of the director shall have the right of entry into any workplace or work area of a public employer during normal business hours to inspect and investigate complaints within reasonable limits and in a reasonable manner.  (c) The director shall have the same powers, duties, and authority to administer and enforce the provisions of this subchapter as are contained in §§ 11-2-108, 11-2-115, 11-2-116, and 11-2-118. Provided, however, that if there is a conflict between the provisions of this subchapter and the provisions of §§ 11-2-108, 11-2-115, 11-2-116, and 11-2-118, the provisions of this subchapter shall prevail.
AR Code § 8-7-1014 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1014. Enforcement

 (a) If the Director of the Division of Labor determines that a public employer has violated a provision of this subchapter, the director shall issue an order to the official responsible for performing the duties required by this subchapter directing that official to cease and desist the act or omission constituting the violation. Such an order shall constitute prima facie evidence of a violation in any enforcement action filed pursuant to § 8-7-1015.  (b) If the director determines that a public employer has violated § 8-7-1008 relating to public employee information and training and within sixty (60) days of issuance of a cease and desist order the public employer has not remedied the violation, the director may conduct a program or programs to remedy the violation and require such public employer to reimburse the director for the cost of doing so.  (c) Violation of this subchapter by a public employer shall be cause for adverse personnel action against the supervisor or supervisors responsible for the violation, including, but not limited to, suspension, demotion, withholding of annual career service recognition payments, or, in the case of serious and repeated violations, termination. Issuance of a cease and desist order by the director shall not be a prerequisite for such adverse personnel action, but such action shall only be taken in accordance with the civil service laws and rules.
AR Code § 8-7-1015 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1015. Cause of action — Attorney's fees

 (a) Any citizen denied the rights granted to him or her by this subchapter may commence a civil action against a public employer or responsible official of a public employer in the Pulaski County Circuit Court or the circuit court of the residence of the aggrieved party, if an agency of the state is involved, or any of the circuit courts of the appropriate judicial districts when any other public employer is involved. Issuance of a cease and desist order by the Director of the Division of Labor shall not be a prerequisite to the commencement of such an action.  (b) Upon written application of the person denied the rights provided for in this subchapter or any interested party, the circuit court having jurisdiction shall fix a day the petition is to be heard within seven (7) days of the date of the application of the petitioner and shall hear and determine the case.  (c) The circuit courts shall have jurisdiction to restrain violations of this subchapter and to order all appropriate relief, including, but not limited to, the disclosure of chemical information, the rehiring or reinstatement of public employees discriminated against because of their exercise of their rights under this subchapter, and the payment of any compensation such public employees actually lost as a result of such violations.  (d) Those who refuse to comply with the orders of the circuit court shall be found guilty of contempt of court.  (e) In any action to enforce the rights granted by this subchapter or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, unless the court finds that the position of the defendant was substantially justified or that other circumstances make an award of those expenses unjust. However, no expenses shall be assessed against the State of Arkansas or any of its agencies or departments. If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.
AR Code § 8-7-1016 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 10 - Public Employees' Chemical Right to Know Act|§ 8-7-1016. No effect on other legal duties

 The provision of information to a public employee pursuant to the provisions of this subchapter shall not be construed to affect the liability of a public employer with regard to the health and safety of a public employee or other persons exposed to hazardous chemicals, nor shall it affect the public employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to a public employee shall not affect any other duty or responsibility of a chemical manufacturer or distributor to warn ultimate users of a hazardous chemical under any other provision of law.
AR Code § 8-7-1101 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 11 - Voluntary Cleanup|§ 8-7-1101. Declaration of policy

 The General Assembly finds and declares as follows:   (1) The redevelopment of abandoned industrial, commercial, or agricultural sites or abandoned residential property should be encouraged as a sound land use management policy to prevent the needless development of prime farmland, open spaces, and natural and recreation areas and to prevent urban sprawl;  (2) The redevelopment of abandoned sites should be encouraged so that these abandoned sites can be returned to useful, tax-producing properties to protect existing jobs and provide new job opportunities;  (3) Persons interested in redeveloping abandoned sites should have a method of determining what their legal liabilities and cleanup responsibilities will be as they plan the reuse of abandoned sites;  (4) Incentives should be put in place to encourage prospective purchasers to voluntarily develop and implement cleanup plans of abandoned sites without the need for adversarial enforcement actions by the Division of Environmental Quality;  (5) The division now routinely determines, through its permitting policies, when contamination will and will not pose unacceptable risks to public health or the environment, and similar concepts are used in establishing cleanup policies for abandoned sites;  (6) Parties and persons responsible under the law for pollution at abandoned sites should perform remedial responses which are fully consistent with existing requirements;  (7) As an incentive to promote the redevelopment of abandoned industrial sites, persons not responsible for preexisting pollution at or contamination on abandoned industrial sites should meet alternative cleanup requirements if they acquire title after the nature of conditions at the abandoned industrial site has been disclosed and declare and commit to a specified future land use of the subject abandoned industrial site; and  (8)  (A) Property transactions at times necessitate title acquisition prior to completion of the actions contemplated at § 8-7-1104(b)-(d) by persons not previously involved with the abandoned site or otherwise considered responsible parties for environmental conditions at an abandoned site.  (B) These persons should not be foreclosed from participation under the procedures enacted under this subchapter.  (C) Therefore, these persons, at the discretion of the Director of the Division of Environmental Quality, may submit a letter of intent that will set forth the persons' desire to purchase the abandoned site and retain their eligibility for participation in the voluntary cleanup program established by this subchapter.
AR Code § 8-7-1102 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 11 - Voluntary Cleanup|§ 8-7-1102. Definitions

 (a) As used in this subchapter:  (1) “Abandoned site” means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties;  (2) “Implementing agreement” means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., the Remedial Action Trust Fund Act, § 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in § 8-7-1104;  (3) “Industrial, commercial, or agricultural activity” means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;  (4) “Property” means property and improvements, including:  (A) A facility as defined in 42 U.S.C. § 9601; and  (B) A site as defined in § 8-7-203;    (5) “Prospective purchaser” means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site;  (6) “Residential property” means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and  (7)  (A) “Site assessment” means the site assessment to establish the baseline level of existing contamination on a site.  (B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in § 8-7-1104.  (C) The assessment also shall include a description of the intended land use of the site.      (b) Any other terms of this subchapter not expressly defined shall have the same definitions as provided in § 8-7-203, § 8-7-304, or § 8-7-503, unless manifestly inconsistent with the provisions and remedial intent of this subchapter.