reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-307 - Manner of working room and pillar plan mine

(a)
The owner, agent, lessee, or operator of any coal mine in this state, if the mine is worked on the room and pillar plan, shall cause the work to be prosecuted in the mine in the following manner:
(1)
Two (2) entries parallel with each other must be driven for the ingress and egress of the air, and crosscuts must be made at intervals not to exceed forty feet (40') apart;
(2)
Where gas exists the crosscuts shall be driven thirty feet (30') apart or a crosscut shall be made at any other place ordered by the management;
(3)
No room shall be turned inside the last course cut.
(b)
(1)
The State Mine Inspector shall give notice in writing to the owner, agent, lessee, or operator in charge of each coal mine worked on the room and pillar plan, to conform to the requirements set out in subsection (a) of this section.
(2)
If the requirements are not complied with in the mines, then the owner, agent, lessee, or operator so failing shall be deemed guilty of a misdemeanor and on conviction shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each day in which the mine is operated in violation of the above requirements.
Acts 1905, No. 225, §§ 7, 8, p. 567; C. & M. Dig., §§ 7277, 7278; Pope's Dig., §§ 9333, 9334; A.S.A. 1947, §§ 52-607, 52-608.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-308 - Bore holes

The owner, agent, or operator shall provide that a bore hole shall be kept twenty feet (20') in advance of the face of each and every working face and at a forty-five degree (45°) angle at intervals of eight feet (8') on each rib of the working face when driving toward an abandoned mine or parts of a mine suspected of containing inflammable gases or of being inundated with water.
Acts 1893, No. 125, § 5, p. 213; C. & M. Dig., § 7264; Pope's Dig., § 9320; Acts 1949, No. 268, § 3; A.S.A. 1947, § 52-606.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-309 - Means of signaling - Cages

(a)
The owner, agent, or operator of every mine operated by shaft shall provide suitable means for signaling between the bottom and top thereof.
(b)
(1)
He or she shall also provide safe means of hoisting and lowering persons in a cage covered with boiler iron, so as to keep safe, as far as possible, persons descending into or ascending out of the mine.
(2)
The cages shall be furnished with guides to conduct it through slides through the shaft with a sufficient brake on every drum to prevent accident in case of the giving out or breaking of the machinery.
(3)
The cage shall be furnished with spring catches, intended and provided so far as possible to prevent the consequences of cable breaking or the loosening or disconnecting of the machinery.
(4)
No props or rails shall be lowered in a cage in every case while men are descending into or ascending out of the mine.
(5)
When men are ascending or descending, the opposite cage in every case shall be empty.
(6)
No owner, agent, or operator of any coal mine operated by a shaft or slope shall place in charge of any engine whereby men are lowered into or hoisted out of the mines anyone but an experienced, competent, and sober person not under eighteen (18) years of age.
(7)
No person shall be permitted to ride upon a loaded cage or wagon used for hoisting purposes in any shaft or slope, except persons employed for that purpose.
(8)
In no case shall any coal be hoisted out of any mine while any person or persons are descending into the mine.
(9)
In no case shall more than one (1) member of the same family ascend or descend on a cage.
(10)
No more than eight (8) persons shall ascend out of or descend into any mine on one (1) cage at one (1) time, nor shall they be lowered or hoisted more rapidly than five hundred feet (500') to the minute.
Acts 1893, No. 125, §§ 6, 7, p. 213; C. & M. Dig., §§ 7265, 7266; Pope's Dig., §§ 9321, 9322; Acts 1949, No. 268, § 4; A.S.A. 1947, §§ 52-611, 52-612.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-310 - Gates, bonnets, and other safety measures

(a)
The owner, agent, or operator shall cause every landing on a level or above the surface of the ground and the entrance to each intermediate vein to be securely fenced by a gate and a bonnet so prepared to cover and protect the shaft and the entrances thereto.
(b)
The entrance to every abandoned slope, air, or other shaft shall be securely fenced off.
(c)
Every steam boiler shall be provided with proper steam gauge, water gauge, and safety valve.
(d)
All underground self-acting or engine plains or gangways on which cars are drawn and persons allowed to travel shall be provided with some proper means of signaling between stopping places, and the end of the plains and gangways and sufficient places of refuge at the side of the plains or gangways shall be provided at intervals of not more than thirty feet (30') apart.
Acts 1893, No. 125, § 8, p. 213; C. & M. Dig., § 7267; Pope's Dig., § 9323; A.S.A. 1947, § 52-613.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-311 - Prop timbers

The owner, agent, or operator of any mine shall keep a sufficient amount of timber when required to be used as props, so that workmen can at all times be able to properly secure the workings from caving in. It shall be the duty of the owner, agent, or operator to send down all props when required and deliver the props to the place where cars are delivered. Timbering shall be done in a safe and workmanlike manner.
Acts 1893, No. 125, § 14, p. 213; C. & M. Dig., § 7271; Pope's Dig., § 9327; Acts 1949, No. 268, § 6; A.S.A. 1947, § 52-614.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-312 - Medical and emergency supplies

(a)
There shall be kept in the engine room or at some nearby and convenient place at each mine a supply of oils, bandages, blankets or covers for wraps, and a cot or stretcher for the use of and to be used by persons who may receive injuries in or at the mines.
(b)
The agent, owner, lessee, or operator shall also provide and maintain at some convenient place a conveyance in which to take from the mines to their place of abode persons who may be injured.
Acts 1905, No. 225, § 12, p. 567; C. & M. Dig., § 7281; Pope's Dig., § 9337; A.S.A. 1947, § 52-615.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-314 - Use of water on cutter bars and jackhammers required

(a)
In order to promote safety in coal mines by eliminating the hazards of coal and rock dust in coal mines, it is made the duty of every person, partnership, association, corporation, owner, operator, or lessee of any coal mine in this state to employ and use water on the cutter bars of all mining machines while cutting rock or coal in the mines and on all jackhammer drills while drilling in the mines in either coal or rock.
(b)
Any person, partnership, association, corporation, owner, operator, or lessee of any coal mine in this state who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). Each separate instance of the violation of this section, either by the cutting machines or the jackhammers, shall be deemed a separate offense.
(c)
It is also made unlawful for any person, miner, operator of a jackhammer drill, or machine runner to operate either a mining machine without water on the cutter bar or a jackhammer drill contrary to the provisions of this section. Any person so doing shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). Each separate operation shall constitute a separate offense.
Acts 1947, No. 139, §§ 1-3; A.S.A. 1947, §§ 52-627--52-629.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-315 - Daily inspection by fire boss

(a)
In all mines where a fire boss is employed, all working places and worked-out places adjacent to working places shall be examined, when it can be done, at least once a day by a competent fire boss. It shall be his or her duty to enter a report of existing conditions of the working places and worked-out places in a well-bound book to be kept by him or her for that purpose.
(b)
All dangerous places that are marked out shall be marked on a blackboard, furnished by the company, before any other employee enters the mine.
Acts 1905, No. 225, § 10, p. 567; C. & M. Dig., § 7279; Pope's Dig., § 9335; A.S.A. 1947, § 52-609.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-316 - High water danger

(a)
Whenever and wherever a coal mine in this state becomes dangerous from high water or overflow of streams adjacent thereto, whereby the lives of miners employed therein are jeopardized by reason of the high water, it shall be the duty of the managers of the coal mine to call the miners out of the mine and forbid their working therein until the danger is past.
(b)
(1)
Failure to act as required in subsection (a) of this section is made a misdemeanor.
(2)
Upon conviction, the manager shall be fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned not less than six (6) months nor more than one (1) year.
Acts 1905, No. 225, § 18, p. 567; C. & M. Dig., § 7285; Pope's Dig., § 9341; A.S.A. 1947, § 52-616.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-317 - Reports of accidents

(a)
Whenever loss of life or serious personal injury shall occur by reason of any explosion or of any accident whatever in or about any mine, it shall be the duty of the person having charge of the mine to report the facts thereof without delay to the State Mine Inspector and, if any person is killed thereby, to notify the coroner or some justice of the peace of the county.
(b)
(1)
It shall be the duty of the mine inspector to investigate and ascertain the cause of the explosion and file a report thereof with the other records of his or her office.
(2)
To enable him or her to make the investigations, he or she shall have power to compel attendance of witnesses, take depositions, and administer oaths, and the cost of the examination shall be paid by the county as costs of coroners' inquests are now paid.
(c)
Failure of the person in charge of the mine where the accident occurred to give the mine inspector notice thereof shall be a misdemeanor.
Acts 1893, No. 125, § 9, p. 213; C. & M. Dig., § 7268; Pope's Dig., § 9324; A.S.A. 1947, § 52-617.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 3 - REGULATION OF OPERATION (§§ 11-7-301 — 11-7-319) › Section 11-7-318 - Age of miners

No person under the age of eighteen (18) years shall be permitted to enter any mine to work therein.
Acts 1893, No. 125, § 7, p. 213; C. & M. Dig., § 7266; Pope's Dig., § 9322; Acts 1949, No. 268, § 4; A.S.A. 1947, § 52-612; 2005, No. 442, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-401 - [Repealed]

Repealed by Act 2017, No. 266,§ 1, eff. 8/1/2017.
Acts 1919, No. 486, §§ 1, 2; C. & M. Dig., §§ 7317, 7318; Pope's Dig., §§ 9373, 9374; A.S.A. 1947, §§ 52-501, 52-502; Acts 1997, No. 250, § 59.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-402 - Director of the Division of Labor - Power to administer oaths

(a)
To more effectively carry out the intentions and purposes of this section and §§
11-7-409
-
11-7-414
, the Director of the Division of Labor may administer oaths to all persons who are applicants, or who may vouch, in any manner, for the previous service or qualifications of an applicant to obtain for him or her a certificate under this section and §§
11-7-409
-
11-7-414
.
(b)
A person who falsely testifies or swears to any matter material to the examination or to the service or qualification of an applicant is guilty of perjury.
Amended by Act 2019, No. 910,§ 5347, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 2, eff. 8/1/2017.
Acts 1949, No. 268, § 17; A.S.A. 1947, § 52-517.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-403 - Fire bosses, mine foremen, etc. - Examination - Qualifications

(a)
No fire bosses, hoisting engineers, or mine foremen shall be employed in any mine in the State of Arkansas unless they have been examined by the Division of Labor or the division determines that comparable testing criteria have been met in another jurisdiction.
(b)
No one shall act as State Mine Inspector or Assistant State Mine Inspector unless he or she has been examined by the division, as provided in this section.
(c)
Applicants for examination shall be able to read and write the English language and shall satisfy the division that they are of good moral character and are not users of intoxicating liquors and are citizens of the United States.
(d)
All applicants shall be thoroughly examined with reference to the duties of the positions for which they have applied for a certificate.
(e)
(1)
Applicants for certificates as mine foremen shall be at least twenty-five (25) years old and shall have had at least five (5) years' experience as practical coal miners, mining engineers, or persons of general underground experience.
(2)
Applicants for certificates as fire bosses shall have like qualifications and experience in the mines of Arkansas or elsewhere and shall also have had experience in mines that generate explosive and noxious gases.
(f)
(1)
Applicants for certificates as mine inspector shall, before examination, pay to the division a fee of four dollars ($4.00) and, if successful, a further fee of six dollars ($6.00) for a certificate.
(2)
Applicants for certificates as assistant mine inspector shall, before examination, pay to the division a fee of three dollars ($3.00) and, if successful, a further fee of four dollars and fifty cents ($4.50) for a certificate.
(3)
Applicants for certificates as mine foremen and hoisting engineers shall, before examination, pay to the division a fee of two dollars ($2.00) and, if successful, a further fee of three dollars ($3.00) for a certificate.
(4)
Other applicants shall, before examination, pay to the division of examiners a fee of one dollar ($1.00) and, if successful, a further fee of two dollars ($2.00) for a certificate.
Amended by Act 2019, No. 910,§ 5349, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5348, eff. 7/1/2019.
Acts 1919, No. 486, § 3; C. & M. Dig., § 7319; Pope's Dig., § 9375; A.S.A. 1947, § 52-503; Acts 2003, No. 358, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-404 - Fire bosses, mine foremen, etc. - Certificate - Grades

(a)
(1)
The Director of the Division of Labor shall grant certificates after examination by the Division of Labor or a determination by the division that the testing requirements have been satisfied in another jurisdiction.
(2)
The certificates shall be granted to all applicants who through these testing procedures have shown themselves to be familiar with the duties of the position for which they desire certificates and are capable of performing the duties.
(3)
Certificates of the first grade shall be granted only to applicants who by oral or written examinations in the presence of and relating to explosive gas have shown themselves competent to act as mine foremen in mines which generate explosive and noxious gases, and the certificate shall so state.
(4)
Certificates for mine inspector and assistant mine inspector shall be granted only to applicants who have shown themselves duly qualified, as provided by the law creating the office, and no appointments shall be made to these offices unless the appointee shall hold a certificate.
(b)
(1)
Anyone holding a first grade foreman's certificate may serve as a foreman in any mine and may serve as fire boss.
(2)
Anyone holding a second grade mine foreman's certificate may serve as any of the above, except as fire boss and foreman in mines which generate explosive or noxious gases.
(3)
(A)
In case of emergency, a mine owner, with consent of the director, may employ a trustworthy or experienced man or woman who does not possess a certificate, for a period of not more than thirty (30) days as mine foreman or fire boss.
(B)
If the holder of a permit fails to qualify after thirty (30) days, his or her permit shall be revoked.
Amended by Act 2019, No. 910,§ 5350, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 3, eff. 8/1/2017.
Acts 1919, No. 486, §§ 4, 5; C. & M. Dig., §§ 7320, 7321; Pope's Dig., §§ 9376, 9377; Acts 1949, No. 268, § 9; A.S.A. 1947, §§ 52-504, 52-505; Acts 2003, No. 358, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-405 - Fire bosses, mine foremen, etc. - Duplicate certificate

In case of loss or destruction of a certificate, the Director of the Division of Labor, upon satisfactory proof of the loss or destruction, may issue a duplicate on the payment of the sum of one dollar ($1.00).
Amended by Act 2019, No. 910,§ 5351, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 4, eff. 8/1/2017.
Acts 1919, No. 486, § 7; C. & M. Dig., § 7323; Pope's Dig., § 9379; A.S.A. 1947, § 52-507.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-406 - Fire bosses, mine foremen, etc. - Revocation of certificate

(a)
All certificates issued pursuant to this subchapter may be revoked by the Director of the Division of Labor after a hearing upon due notice to the holder of the certificate and upon written charges preferred by the director or by some interested person for violation of this section and §§
11-7-403
-
11-7-405
and
11-7-407
.
(b)
(1)
A complaint may be filed against the holder of a certificate for intoxication, mental disabilities, neglect of duty, or other sufficient cause.
(2)
The holder of the certificate so cancelled shall have the right to appear before the director after the expiration of three (3) months and be reexamined if he or she shall first satisfy the director that the incapacity complained of has ceased to exist.
Amended by Act 2019, No. 910,§ 5352, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 5, eff. 8/1/2017.
Acts 1919, No. 486, § 8; C. & M. Dig., § 7324; Pope's Dig., § 9380; A.S.A. 1947, § 52-508.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-407 - Fire bosses, mine foremen, etc. - Misrepresentation of certificate

Any person who shall forge, alter, or counterfeit a certificate, shall secure or attempt to secure employment by use of the forged, altered, or counterfeited certificate, or shall falsely represent that he is a holder of a certificate regularly issued him shall be guilty of a misdemeanor.
Acts 1919, No. 486, § 6; C. & M. Dig., § 7322; Pope's Dig., § 9378; A.S.A. 1947, § 52-506.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-408 - Penalty for violation of section 11-7-401 and sections 11-7-403 - 11-7-407

(a)
Any owner, operator, lessee, or agent of any coal mine in the State of Arkansas violating any of the provisions of §
11-7-401
and §§
11-7-403
-
11-7-407
shall be deemed guilty of a misdemeanor.
(b)
Upon conviction, he or she shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or be imprisoned in the county jail not exceeding one (1) year, or both.
Acts 1919, No. 486, § 9; C. & M. Dig., § 7325; Pope's Dig., § 9381; A.S.A. 1947, § 52-509.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-409 - Coal miners - Definition

(a)
The term "coal miner" as used in §§
11-7-402
and
11-7-410
-
11-7-414
, unless the context otherwise requires, shall be construed to mean any person working underground or in development in shafts, slopes, drifts, or tunnels for the extraction or production of coal or rock.
(b)
The term "coal miner" in strip pit operation is defined as only those employees engaged in the extraction of coal from the pit.
Acts 1949, No. 268, § 11; A.S.A. 1947, § 52-511.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-410 - Coal miners - Certificate required

(a)
It shall be unlawful for any person to work as a coal miner in any coal mine in this state without first having a certificate of qualification and competency to do so from the Director of the Division of Labor, nor shall any person, firm, or corporation employ as a coal miner in his or her coal mine in the State of Arkansas any person who does not hold a certificate, nor shall any mine foreman, overseer, or superintendent permit or suffer any person to be employed under him or her, or in any coal mine under his or her charge or supervision, as a coal miner in this state, except as provided in this act, who does not hold a certificate of qualification.
(b)
Any person, firm, or corporation who violates any of the provisions of this section or §
11-7-411
shall be deemed guilty of a misdemeanor and on conviction shall be fined in the sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or by imprisonment for a term of not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment, at the discretion of the court or jury trying the case.
Amended by Act 2019, No. 910,§ 5353, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 6, eff. 8/1/2017.
Acts 1949, No. 268, § 16; A.S.A. 1947, § 52-516.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-411 - Coal miners - Examination - Qualifications - Certificates

(a)
The Director of the Division of Labor shall hold sufficient examinations each year in places to be determined by the director, which, in his or her opinion, will be most convenient to applicants desiring to engage in the business of coal mining.
(b)
All examinations held by the director shall be conducted in the English language and shall be of a practical nature, so as to determine the competency and qualifications of each applicant.
(c)
The director shall:
(1)
Examine under oath all persons who apply for certificates, except those regularly employed in the State of Arkansas and exempted under §
11-7-409
, as to their previous experience as coal miners; and
(2)
(A)
Grant certificates of competency and qualification to such applicants as the director finds to be qualified.
(B)
The certificate, when so issued, entitles the holder to be employed as, and to do the work of, a coal miner in this state.
(d)
(1)
A certificate of competency and qualification shall not be issued or delivered to any person under this act, unless:
(A)
He or she first produces evidence of having had not less than two (2) years of practical experience working as a coal miner or working with a coal miner; and
(B)
He or she is competent to mine coal in the coal mines of this state.
(2)
In no case shall the applicant be deemed competent or qualified under this act unless he or she appears in person before the director and orally answers correctly at least twelve (12) practical questions propounded to him or her by the director pertaining to requirements and qualifications of a practical coal miner.
(e)
The director shall keep an accurate record of proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with the questions asked and his or her answers, and the director shall keep the records open for the inspection of the parties in interest.
(f)
A miner's certificate granted under this act is not transferable, and any effort to transfer the certificate shall be deemed a violation of this act.
(g)
The certificate shall be issued and signed by the director.
(h)
(1)
Each applicant for the certificate provided for under this section shall pay a fee of fifty cents (50¢) to the director at the time of making application and, if successful in the examination, shall pay an additional fee of fifty cents (50¢) for the certificate.
(2)
All fees collected from applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out.
Amended by Act 2019, No. 910,§ 5354, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 7, eff. 8/1/2017.
Acts 1949, No. 268, §§ 12-14; A.S.A. 1947, §§ 52-512--52-514.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-412 - Coal miners - Temporary permit - Grandfather clause

(a)
A person making application for a coal miner's certificate of competency and qualification shall be granted a temporary permit to work until such time as an examination is held by the Director of the Division of Labor and if, in the judgment of the director, he or she is so qualified.
(b)
All fees collected from the applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out.
Amended by Act 2019, No. 910,§ 5355, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 8, eff. 8/1/2017.
Acts 1949, No. 268, §§ 12, 13; A.S.A. 1947, §§ 52-512, 52-513.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-413 - Coal miners - Apprentices

(a)
Any certified miner may have one (1) person working with him or her and under his or her direction, in addition to any member of his or her immediate family, as an apprentice for the purpose of learning the business of coal mining and becoming qualified to obtain a certificate in conformity with the provisions of this act.
(b)
Any apprentice shall first be regularly employed by the owner of the coal mine in the same manner as the other employees.
Acts 1949, No. 268, § 10; A.S.A. 1947, § 52-510.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 7 - REGULATION OF MINES (§§ 11-7-201 — 11-7-414) › Subchapter 4 - EMPLOYEE CERTIFICATION (§§ 11-7-401 — 11-7-414) › Section 11-7-414 - Coal miners - Duplicate certificate - Revocation of certificate

The Director of the Division of Labor shall possess powers to issue duplicate certificates and revoke certificates in all cases as provided in §§
11-7-405
and
11-7-406
.
Amended by Act 2019, No. 910,§ 5356, eff. 7/1/2019.
Amended by Act 2017, No. 266,§ 9, eff. 8/1/2017.
Acts 1949, No. 268, § 15; A.S.A. 1947, § 52-515.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-101 - Definition

The word "corporation" as used in §§
11-8-102
-
11-8-108
, unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and operation of the business of the corporation.
Acts 1913, No. 175, § 6; C. & M. Dig., § 7149; Pope's Dig., § 9135; A.S.A. 1947, § 81-1206.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-102 - Exception

Sections
11-8-101
-
11-8-108
shall not apply to railroad corporations and shall not amend nor repeal any part of §§
23-12-501
-
23-12-507
.
Acts 1913, No. 175, § 8; C. & M. Dig., § 7150; Pope's Dig., § 9136; A.S.A. 1947, § 81-1208.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-103 - Corporations liable for injury or death resulting from negligence

(a)
Every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he or she is employed by the corporation.
(b)
In case of death of the employee, the corporation shall be liable to his or her personal representative for the benefit of the surviving widow or spouse and children of the employee or, if no spouse or children exist, then to the employee's parents or, if none, then to the next of kin of the employee for the injury or death resulting in whole or in part from negligence of the corporation or from the negligence of any of the officers, agents, or employees of the corporation.
Acts 1913, No. 175, § 1; C. & M. Dig., § 7144; Pope's Dig., § 9130; A.S.A. 1947, § 81-1201.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-104 - Contributory negligence no bar to recovery

(a)
In all actions brought against any corporation under or by virtue of any of the provisions of §§
11-8-101
-
11-8-108
to recover damages for personal injuries to an employee, or where the injuries have resulted in his or her death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury and not by the court in proportion to the amount of negligence attributable to the employee.
(b)
However, no employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by the corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee.
Acts 1913, No. 175, § 2; C. & M. Dig., § 7145; Pope's Dig., § 9131; A.S.A. 1947, § 81-1202.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-105 - Assumption of risk no defense when safety statute violated

In any action brought against any corporation under or by virtue of any of the provisions of §§
11-8-101
-
11-8-108
to recover damages for injuries to, or the death of, any of its employees, the employee shall not be held to have assumed the risks of his or her employment in any case where the violation by the corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee.
Acts 1913, No. 175, § 3; C. & M. Dig., § 7146; Pope's Dig., § 9132; A.S.A. 1947, § 81-1203.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-106 - Contract exemptions void - Setoff for insurance contributions

(a)
Any contract, rule, or device whatsoever, the purpose or intent of which shall be to enable any corporation to exempt itself from any liability created by §§
11-8-101
-
11-8-108
, shall to that extent be void.
(b)
However, in any action brought against any corporation under or by virtue of any of the provisions of §§
11-8-101
-
11-8-108
, the corporation may set off therein any sum it has contributed or paid to any insurance relief benefit or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which the action was brought.
Amended by Act 2019, No. 315,§ 774, eff. 7/24/2019.
Acts 1913, No. 175, § 4; C. & M. Dig., § 7147; Pope's Dig., § 9133; A.S.A. 1947, § 81-1204.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-107 - Limitation of action

No action shall be maintained under §§
11-8-101
-
11-8-108
unless commenced within three (3) years from the date the cause of action accrued.
Acts 1913, No. 175, § 5; 1917, No. 364, § 1, p. 1789; C. & M. Dig., § 7148; Pope's Dig., § 9134; A.S.A. 1947, § 81-1205.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-108 - Survival of cause of action

Any right of action given by §§
11-8-101
-
11-8-108
to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of the employee and, if none, then of the employee's parents and, if none, then of the next of kin of the employee, but in these cases, there shall be only one (1) recovery for the same injury.
Acts 1913, No. 175, § 7; C. & M. Dig., § 7150; Pope's Dig., § 9136; A.S.A. 1947, § 81-1207.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 8 - INJURY OR DEATH OF EMPLOYEES GENERALLY (§§ 11-8-101 — 11-8-109) › Section 11-8-109 - Liability of companies engaged in coal mining

Every company, whether incorporated or not, engaged in the mining of coal who may employ agents, servants, or employees, those agents, servants, or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by an agent, employee, or servant when resulting from the careless omission of duty or negligence of the employer or which may result from the carelessness, omission of duty, or negligence of any other agent, servant, or employee of the employer, in the same manner and to the same extent as if the carelessness, omission of duty, or negligence causing the injury or death was that of the employer.
Acts 1907, No. 69, § 1, p. 162; C. & M. Dig., § 7137; Pope's Dig., § 9123; A.S.A. 1947, § 81-1209.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-101 - Title - Purpose

(a)
This chapter shall be cited as the "Workers' Compensation Law".
(b)
The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability.
Init. Meas. 1948, No. 4, § 1, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 1; A.S.A. 1947, § 81-1301; reen. Acts 1987, No. 1015, § 1; Acts 1993, No. 796, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-103 - Applicability

(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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-104 - Effect of unconstitutionality

If any part of this chapter is adjudged unconstitutional by the courts and the adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury was sustained and the time of the adjudication shall not be computed as part of the time prescribed by law for the commencement of any action against the employer in respect of the injury, but the amount of any compensation paid under this chapter on account of the injury shall be deducted from the amount of damages awarded in the action in respect to the injury.
Init. Meas. 1948, No. 4, § 48, Acts 1949, p. 1420; A.S.A. 1947, § 81-1349.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-105 - Remedies exclusive - Exception

(a)
The rights and remedies granted to an employee subject to the provisions of this chapter, on account of injury or death, shall be exclusive of all other rights and remedies of the employee, his legal representative, dependents, next of kin, or anyone otherwise entitled to recover damages from the employer, or any principal, officer, director, stockholder, or partner acting in his or her capacity as an employer, or prime contractor of the employer, on account of the injury or death, and the negligent acts of a coemployee shall not be imputed to the employer. No role, capacity, or persona of any employer, principal, officer, director, or stockholder other than that existing in the role of employer of the employee shall be relevant for consideration for purposes of this chapter, and the remedies and rights provided by this chapter shall in fact be exclusive regardless of the multiple roles, capacities, or personas the employer may be deemed to have.
(b)
(1)
However, if an employer fails to secure the payment of compensation as required by this chapter, an injured employee, or his or her legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter or to maintain a legal action in court for damages on account of the injury or death.
(2)
In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may the defendant-employer plead as a defense that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the contributory negligence of the employee.
Amended by Act 2021, No. 353,§ 5, eff. 5/1/2023Providing that the amendment by § 2shall expire unless extended by the General Assembly .
Amended by Act 2021, No. 353,§ 2, eff. 3/15/2021, app. retroactively to workers' compensation claims accruing on or filed on and after March 11, 2020.
Init. Meas. 1948, No. 4, § 4, Acts 1949, p. 1420; Acts 1979, No. 253, § 1; A.S.A. 1947, § 81-1304; Acts 1993, No. 796, § 4.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-107 - Penalties for discrimination for filing claim

(a)
(1)
Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for benefits under this chapter, or who in any manner obstructs or impedes the filing of claims for benefits under this chapter, shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission.
(2)
This fine shall be payable to the Second Injury Trust Fund and paid by the employer and not by the carrier.
(b)
(1)
In addition, the prevailing party shall be entitled to recover costs and a reasonable attorney's fee payable from the fine.
(2)
Provided, however, if the employee is the nonprevailing party, the attorney's fee and costs shall, at the election of the employer, be paid by the employee or deducted from future workers' compensation benefits.
(c)
The employer may also be guilty of a Class D felony.
(d)
This section shall not be construed as establishing an exception to the employment at will doctrine.
(e)
A purpose of this section is to preserve the exclusive remedy doctrine and specifically annul any case law inconsistent herewith, including, but not necessarily limited to: Wal-Mart Stores, Inc. v. Baysinger, 306 Ark. 239, 812 S.W.2d 463 (1991) ; Mapco, Inc. v. Payne, 306 Ark. 198, 812 S.W.2d 483 (1991) ; and Thomas v. Valmac Industries, Inc., 306 Ark. 228, 812 S.W.2d 673 (1991).
Init. Meas. 1948, No. 4, § 35, Acts 1949, p. 1420; Init. Meas. 1968, No. 1, § 6; A.S.A. 1947, § 81-1335; Acts 1993, No. 796, § 6.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-108 - Waiver of compensation void - Exception

(a)
No agreement by an employee to waive his or her right to compensation shall be valid, and no contract, regulation, or device whatsoever shall operate to relieve the employer or carrier, in whole or in part, from any liability created by this chapter, except as specifically provided elsewhere in this chapter.
(b)
(1)
However, any officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer who is not a subcontractor and who owns and operates his or her own business may by agreement or contract exclude himself or herself from coverage or waive his or her right to coverage or compensation under this chapter.
(2)
If the exclusion from coverage of the officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer reduces the number of employees of the business to fewer than three (3), the employer shall nevertheless continue to provide workers' compensation coverage for the employees.
Init. Meas. 1948, No. 4, § 20, Acts 1949, p. 1420; Acts 1971, No. 162, § 1; 1981, No. 631, § 3; A.S.A. 1947, § 81-1320; Acts 2007, No. 546, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-109 - Agreement to pay premium void

(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.