Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1008 - Employee information and training

(a)
Each public employer shall provide an information and training program for its public employees as defined in §
8-7-1003
. Additional instruction shall be provided whenever a new hazard is introduced into their work area or whenever new and significant information is received by the public employer concerning the hazards of a chemical. New or newly assigned public employees shall be provided training before working in a work area containing hazardous chemicals.
(b)
(1)
The information and training program provided pursuant to this section shall be developed in accordance with rules to be promulgated by the Director of the Division of Labor pursuant to §
8-7-1011
.
(2)
The rules shall include, at a minimum, requirements concerning:
(A)
Information on interpreting labels and material safety data sheets and the relationship between these two (2) methods of hazard communication;
(B)
The location and availability of the workplace chemical list and material safety data sheets;
(C)
Any operations in a public employee's work area where hazardous chemicals are present;
(D)
The physical and health hazards of the hazardous chemicals in the work area;
(E)
Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area, such as monitoring conducted by the public employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.;
(F)
The measures public employees can take to protect themselves from these hazards, including specific procedures the public employer has implemented to protect public employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;
(G)
Frequency of training;
(H)
General safety instructions on the handling, cleanup, and disposal of hazardous chemicals; and
(I)
Public employees' rights under this subchapter.
(c)
Training programs addressing each of the requirements of subsection (b) of this section and conducted in full compliance with Title III of the Emergency Planning and Community Right to Know Act of 1986,
42 U.S.C. § 11001
et seq., shall be deemed to meet the requirements of this section.
(d)
Public employers shall keep a record of the dates of training sessions given to their public employees.
(e)
The information and training program required under this section may be conducted with the assistance of the director pursuant to §
8-7-1009
.
(f)
The director shall have authority to promulgate rules in accordance with §
8-7-1011
:
(1)
To exempt public employers from providing the information and training otherwise required by this section to public employees with special skills and knowledge concerning hazardous chemicals, if such special skills and knowledge would make the information and training unnecessary; and
(2)
To require public employers to provide refresher training for public employees in workplaces or in circumstances in which the director reasonably determines such refresher training to be necessary and appropriate.
Amended by Act 2021, No. 469,§ 3, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 678, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 677, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 27, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 26, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5271, eff. 7/1/2019.
Acts 1991, No. 556, § 8; 1991, No. 1172, § 8.