reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 5 - WORKING CONDITIONS GENERALLY (§§ 11-5-101 — 11-5-501) › Subchapter 4 - GENETIC INFORMATION IN THE WORKPLACE (§§ 11-5-401 — 11-5-405) › Section 11-5-402 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"DNA" means deoxyribonucleic acid;
(2)
"Employer" means employer as the term is defined in Section 3(d) of the Fair Labor Standards Act of 1938;
(3)
(A)
"Genetic information" means information derived from the results of a genetic test.
(B)
"Genetic information" shall not include:
(i)
Family history;
(ii)
Results of a routine physical examination or test;
(iii)
Results of a chemical, blood, or urine analysis;
(iv)
Results of a test to determine drug use;
(v)
Results of a test for the presence of the human immunodeficiency virus; or
(vi)
Results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer;
(4)
(A)
"Genetic test" means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder.
(B)
"Genetic test" shall not include:
(i)
A routine physical examination or a routine test performed as a part of a physical examination;
(ii)
A chemical, blood, or urine analysis;
(iii)
A test to determine drug use;
(iv)
A test for the presence of the human immunodeficiency virus; or
(v)
Any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and
(5)
"RNA" means ribonucleic acid.
Acts 2001, No. 1407, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 5 - WORKING CONDITIONS GENERALLY (§§ 11-5-101 — 11-5-501) › Subchapter 4 - GENETIC INFORMATION IN THE WORKPLACE (§§ 11-5-401 — 11-5-405) › Section 11-5-403 - Prohibition of employer's use of genetic test or information

(a)
An employer shall not seek to obtain or use a genetic test or genetic information of the employee or the prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee.
(b)
An employer shall not require a genetic test of or require genetic information from the employee or prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee.
Acts 2001, No. 1407, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 5 - WORKING CONDITIONS GENERALLY (§§ 11-5-101 — 11-5-501) › Subchapter 4 - GENETIC INFORMATION IN THE WORKPLACE (§§ 11-5-401 — 11-5-405) › Section 11-5-404 - Penalty for violation of section 11-5-403

Any employer who violates the prohibitions of §
11-5-403
shall be guilty of a misdemeanor and may be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment.
Acts 2001, No. 1407, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 5 - WORKING CONDITIONS GENERALLY (§§ 11-5-101 — 11-5-501) › Subchapter 4 - GENETIC INFORMATION IN THE WORKPLACE (§§ 11-5-401 — 11-5-405) › Section 11-5-405 - Exclusion for insurers

Notwithstanding any language in this subchapter to the contrary, this subchapter shall not apply to an insurer or to an individual or third party dealing with an insurer in the ordinary course of underwriting, conducting, or administering the business of life, disability income, or long-term care insurance, including, but not limited to, actions taken by an insurer or an individual or third party dealing with an insurer in connection with life, disability income, or long-term care insurance made available by an employer to its employees.
Acts 2001, No. 1407, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-101 - Industrial education not prohibited

Nothing in this chapter shall prevent children of any age from receiving industrial education furnished by the United States, this state, or any city or town in the state and duly approved by the State Board of Education or by any other duly constituted public authority.
Init. Meas. 1914, No. 1, § 12, Acts 1915, p. 1505; C. & M. Dig., § 7098; Pope's Dig., § 9080; A.S.A. 1947, § 81-713.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-102 - Certain children excepted from chapter

No boy or girl between the ages of sixteen (16) years and eighteen (18) years shall be subject to the provisions of this chapter if:
(1)
The boy or girl is a graduate of any high school, vocational school, or technical school;
(2)
The boy or girl is married or is a parent.
Init. Meas. 1914, No. 1, § 6, Acts 1915, p. 1505; C. & M. Dig., § 7091; Pope's Dig., § 9073; Acts 1975, No. 11, § 1; 1977, No. 326, § 1; A.S.A. 1947, § 81-707.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-104 - Children under age 14 years prohibited from working - Exception

No child under the age of fourteen (14) years shall be employed or permitted to work in any remunerative occupation in this state, except that during school vacation, children under fourteen (14) years may be employed by their parents or guardians in occupations owned or controlled by them.
Init. Meas. 1914, No. 1, § 1, Acts 1915, p. 1505; C & M. Dig., § 7085; Pope's Dig., § 9067; A.S.A. 1947, § 81-701.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-105 - Children under age 16 years - Restrictions on employment generally

No child under sixteen (16) years shall be employed or permitted to work in any occupation dangerous to the life and limb, or injurious to the health and morals of the child, or in any saloon, resort, or bar where intoxicating liquors of any kind are sold or dispensed.
Init. Meas. 1914, No. 1, § 2, Acts 1915, p. 1505; C. & M. Dig., § 7086; Pope's Dig., § 9068; Acts 1977, No. 321, § 1; A.S.A. 1947, § 81-702.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-106 - Children under age 16 years - Prohibitions against certain kinds and places of work - Exceptions

(a)
(1)
No child under the age of sixteen (16) years shall be employed upon the stage of any theater or concert hall or in connection with any theatrical performance or other exhibition or show, and no child shall be employed who has not passed four (4) yearly grades in the public school or equivalent thereof.
(2)
However, a child under sixteen (16) years may be employed in a theatrical production or in a saloon, resort, or bar when the child and his or her parent or guardian perform together as part of the same show and the parent or guardian remains with the child in order to supervise him or her.
(b)
No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work in any capacity:
(1)
In, about, or in connection with any processes in which dangerous or poisonous acids or gases or other chemicals are used;
(2)
In soldering;
(3)
In occupations causing dust in injurious quantities;
(4)
In scaffolding;
(5)
In heavy work in the building trades;
(6)
In any tunnel or excavation;
(7)
In any mine, coal breaker, coke oven, or quarry; or
(8)
In any pool or billiard room.
Init. Meas. 1914, No. 1, §§ 2, 4, Acts 1915, p. 1505; C. & M. Dig., §§ 7086, 7089; Pope's Dig., §§ 9068, 9071; Acts 1977, No. 321, § 1; A.S.A. 1947, §§ 81-702, 81-705; 1995, No. 858, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-107 - Children under age 16 years - Prohibitions against certain kinds and places of work

(a)
No child under sixteen (16) years shall be employed or permitted to work at any of the following occupations:
(1)
Adjusting any belt to any machinery;
(2)
Sewing or lacing machine belts in any workshop or factory;
(3)
Oiling, wiping, or cleaning machinery or assisting therein;
(4)
Operating or assisting in operating any of the following machines:
(A)
Circular or band saws;
(B)
Wood shapers;
(C)
Wood jointers;
(D)
Planers;
(E)
Sandpaper or wood polishing machinery;
(F)
Wood turning or boring machinery;
(G)
Picker machines or machines used in picking wool;
(H)
Carding machines;
(I)
Job or cylinder printing presses operated by power other than foot power;
(J)
Boring or drill presses;
(K)
Stamping machines used in metal or in paper or leather manufacturing;
(L)
Metal or paper cutting machines;
(M)
Corner staying machines in paper box factories;
(N)
Steam boilers;
(O)
Dough brakes or cracker machinery of any description;
(P)
Wire or iron straightening or drawing machinery;
(Q)
Rolling mill machinery;
(R)
Washing, grinding, or mixing machinery; or
(S)
Laundering machinery;
(5)
In proximity to any hazardous or unguarded belt, machinery, or gearing; or
(6)
Upon any railroad, whether steam, electric, or hydraulic.
(b)
(1)
The Director of the Division of Labor may, from time to time after a hearing duly had, determine what other occupations are sufficiently dangerous to the life or limb or injurious to the health or morals of children under sixteen (16) years to justify their exclusion therefrom. No child under sixteen (16) years of age shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious.
(2)
There shall be right of appeal from any such determination pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 910,§ 5339, eff. 7/1/2019.
Init. Meas. 1914, No. 1, § 3 (1st and 2nd par.), Acts 1915, p. 1505; C. & M. Dig., §§ 7087, 7088; Pope's Dig., §§ 9069, 9070; A.S.A. 1947, §§ 81-703, 81-704; Acts 1991, No. 565, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-108 - Children under age 16 years - Hours of employment

No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work for more than six (6) days in any week, nor more than forty-eight (48) hours in any week, nor more than eight (8) hours in any day or before 6:00 a.m. or after 7:00 p.m., except that on nights preceding nonschool days, children under the age of sixteen (16) years may be employed until 9:00 p.m.
Init. Meas. 1914, No. 1, § 5, Acts 1915, p. 1505; C. & M. Dig., § 7090; Pope's Dig., § 9072; Acts 1973, No. 449, § 1; A.S.A. 1947, § 81-706.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-109 - [Repealed]

Repealed by Act 2023, No. 195,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5341, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5340, eff. 7/1/2019.
Init. Meas. 1914, No. 1, §§ 7-10, Acts 1915, p. 1505; Acts 1917, No. 391, § 1, p. 1849; C. & M. Dig., §§ 7092-7095; Pope's Dig., §§ 9074-9077; A.S.A. 1947, §§ 81-708--81-711; Acts 1991, No. 565, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-110 - Children under age 17 years - Hours of employment

A child under seventeen (17) years of age shall not be employed or permitted to work in any occupation:
(1)
More than six (6) days in any week;
(2)
More than fifty-four (54) hours in any week;
(3)
More than ten (10) consecutive hours in any one (1) day;
(4)
More than ten (10) hours in a twenty-four-hour period; or
(5)
Before 6:00 a.m. or after 11:00 p.m., except that the limitations of 6:00 a.m. and 11:00 p.m. shall not apply to children under seventeen (17) years of age employed on nights preceding nonschool days in occupations determined by rule of the Division of Labor to be sufficiently safe for their employment.
Amended by Act 2015, No. 162,§ 1, eff. 2/23/2015.
Init. Meas. 1914, No. 1, § 6, Acts 1915, p. 1505; C. & M. Dig., § 7091; Pope's Dig., § 9073; Acts 1973, No. 449, § 2; 1975, No. 11, § 1; 1977, No. 326, § 1; A.S.A. 1947, § 81-707; 2005, No. 939, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-111 - Inspection of workplace - Prosecution of violators

(a)
The Director of the Division of Labor or his or her designee shall have the right to enter any building or premises for the purpose of inspection to ascertain whether any child is employed or permitted to work in violation of the provisions of this subchapter.
(b)
(1)
It shall be the duty of the director to enforce and administer the provisions of this subchapter.
(2)
The director is authorized to adopt rules for the enforcement and administration of this subchapter.
(3)
The director may revoke an employment certificate for cause.
Amended by Act 2019, No. 315,§ 772, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5342, eff. 7/1/2019.
Init. Meas. 1914, No. 1, § 11, Acts 1915, p. 1505; C. & M. Dig., §§ 7096, 7097; Pope's Dig., §§ 9078, 9079; A.S.A. 1947, § 81-712; Acts 1991, No. 565, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-112 - Newspaper delivery work permitted

(a)
The purpose of this section is to provide children with an opportunity to develop business interests and to promote in them a spirit of thrift and industry by encouragement of their engagement in a particular situation when the child, parent, and community will be benefited and which tends to prevent juvenile delinquency.
(b)
(1)
A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to buy, sell, and deliver and to collect for newspapers during the school term or during vacation, if the child is attending school, as required by law, and does not engage in the employment or activity except at times when his or her presence is not required at school.
(2)
The provisions of §§
11-6-101
-
11-6-111
, with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section.
(c)
(1)
The provisions of this section shall be applicable only where the provision is made by the employer or newspaper company contractor to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract.
(2)
(A)
The schedule of benefits under this program of insurance or indemnity shall provide at least ten thousand dollars ($10,000) for accidental death of the minor, and the sum shall be reasonably and equitably prorated for dismemberment of the minor.
(B)
The insurance or indemnity shall further provide blanket medical coverage for all hospital and medical expenses up to five thousand dollars ($5,000) resulting from an accident.
(C)
This hospital and medical expense protection shall be excess insurance coverage or indemnity over and above any other collectible insurance.
Acts 1967, No. 641, §§ 1, 2; A.S.A. 1947, §§ 81-715, 81-716.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-113 - Professional baseball work as batboy or batgirl permitted

(a)
The purpose of this section is to provide children with an opportunity to develop business interests related to professional baseball and to promote in them a spirit of thrift and industry by encouragement of their engagement in a particular situation when the child, parent, and community will be benefited and which tends to prevent juvenile delinquency.
(b)
(1)
A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to serve as and perform the duties of a batboy or batgirl for a professional baseball club, during the school term, or during vacation, if the child is attending school as required by law and does not engage in the employment or activity except at times when his or her presence is not required at school.
(2)
The provisions of §§
11-6-101
-
11-6-112
, with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section.
(c)
The provisions of this section shall be applicable only where the provision is made by the employer or professional baseball club to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract.
(d)
No child shall be employed or permitted to work pursuant to the provisions of this section for more than ten (10) hours in any day or after 11:00 p.m. on nights preceding school days or after 1:00 a.m. on nights preceding nonschool days.
Acts 1991, No. 1170, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-114 - Seasonal agricultural labor permitted

(a)
As used in this section, "employed in agriculture" means employed as a seasonal agricultural laborer to pick, plant, harvest, grade, sort, or haul any crop, fruit, or vegetable by use of the employee's hands.
(b)
Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to any employee employed in agriculture outside of school hours of the school district where such employee is living while he or she is so employed, if such employee is fourteen (14) years of age or older.
(c)
The provisions of §§
11-6-108
and
11-6-110
, relating to hours of employment, shall apply to any person employed under this section.
Acts 1993, No. 1120, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-115 - Domestic labor and child care in connection with church functions permitted - Definition

(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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 6 - CHILD LABOR (§§ 11-6-101 — 11-6-116) › Section 11-6-116 - Sports officiating permitted in certain sports

(a)
As used in this section, "employed as a sports official" means employed as an official, referee, or umpire in organized youth football, baseball, softball, basketball, or soccer leagues.
(b)
Except as provided in this section, the provisions of this chapter relating to child labor shall not apply to a minor at least eleven (11) years of age employed as a sports official for an age bracket younger than the minor's own age if:
(1)
An adult representing the state or local athletic program is on the premises at which the athletic program event is occurring; and
(2)
A person responsible for the state or local athletic program possesses a written acknowledgment signed by the minor's parent or guardian consenting to the minor's employment as a sports official.
(c)
The provisions of §§
11-6-108
and
11-6-110
, relating to hours of employment, shall apply to any minor employed under this section.
Acts 2005, No. 940, § 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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-201 - Act cumulative

This act shall not repeal any of the mining laws of the state, except wherein it specifically conflicts, but shall be cumulative to all mining laws in force prior to July 1, 1917.
Acts 1917, No. 130, § 8, p. 683; C. & M. Dig., § 7258; Pope's Dig., § 9314; A.S.A. 1947, § 52-412.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-202 - Penalties

(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.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-203 - Prosecution of violations

It shall be and is made the duty of the prosecuting attorney in the district wherein the State Mine Inspector shall arrest or cause to be arrested any person violating the provisions of the mining laws of the state to at once take charge of and prosecute the person with reasonable diligence.
Acts 1917, No. 130, § 7, p. 683; C. & M. Dig., § 7257; Pope's Dig., § 9313; A.S.A. 1947, § 52-411.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-204 - Appointment, term, and qualifications

(a)
The Governor shall appoint a State Mine Inspector, who shall hold office for a term of two (2) years, beginning on July 1 of every odd-numbered year and until his or her successor is appointed and qualified.
(b)
(1)
The mine inspector shall be a citizen of good repute and temperate habits, and he or she must have had five (5) years' experience as a practical miner.
(2)
While holding office, the mine inspector shall not be connected with or engaged, directly or indirectly, as owner, operator, agent, or director of any coal mine or other mining interest.
(c)
The Governor and the Secretary of the Department of Labor and Licensing shall have the power to remove a mine inspector for cause.
(d)
(1)
Before entering upon the duties of his or her office and within twenty (20) days after his or her appointment, the mine inspector shall make and execute a bond to the State of Arkansas, with one (1) or more sufficient sureties, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties, which shall be approved by the Governor.
(2)
When the bond is so approved, he or she shall also take the oath of office prescribed by the Arkansas Constitution.
(3)
(A)
In the event that the mine inspector shall fail to make and execute the bond within the time prescribed by subdivision (d)(1) of this section, his or her appointment shall be declared void.
(B)
It is made the duty of the Governor to appoint and have qualified a proper person in his or her stead, as contemplated by the provisions of this section.
(e)
The State Mine Inspector shall report to the Secretary of the Department of Labor and Licensing and shall be an employee of the Department of Labor and Licensing.
Amended by Act 2019, No. 910,§ 5345, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5344, eff. 7/1/2019.
Acts 1917, No. 130, §§ 1, 2, p. 683; C. & M. Dig., §§ 7249, 7250; Acts 1923, No. 120, § 1; 1937, No. 233, § 1; Pope's Dig., §§ 9305, 9306; Acts 1983, No. 532, § 1; A.S.A. 1947, §§ 52-401, 52-402.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-205 - Office, staff, and compensation

(a)
The State Mine Inspector shall have an office, which may be located in Fort Smith, and shall safely keep all records, papers, documents, and other property pertaining to or coming into his or her hands by virtue of his or her office and deliver them to his or her successor.
(b)
(1)
The mine inspector shall be allowed the salary, expenses, and office and clerical assistance as provided by law.
(2)
(A)
Salaries and expenses shall be paid out of the General Revenue Fund Account of the State Apportionment Fund upon vouchers issued by the mine inspector, pursuant to appropriations duly made.
(B)
The Auditor of State shall issue the warrants on the voucher, and the Treasurer of State shall pay the same.
(c)
The mine inspector, in addition to his or her salary and other expenses, shall be allowed one (1) stenographer, who shall act as clerk for the mine inspector and who shall receive a salary to be paid out of the State Treasury, as other salaries are paid.
(d)
(1)
He or she shall also be allowed for office expenses, in keeping and maintaining his or her office, a sum not to exceed the sum of four hundred fifty dollars ($450) per annum, to be paid out of the State Treasury, as other expenses of his or her office are paid.
(2)
He or she shall also be allowed all necessary postage, stationery, and other expenses of a similar character necessary for the transaction of the business of the office.
(e)
In addition to his or her salary and other expenses provided for in this section, he or she shall be allowed necessary traveling expenses while in the performance of the duties of the office, which shall not exceed the sum of one thousand two hundred dollars ($1,200) per annum.
(f)
The salary and expenses shall be paid as in the case of other state officers.
Acts 1917, No. 130, §§ 1, 3, p. 683; C. & M. Dig., §§ 7249, 7251; Acts 1923, No. 120, §§ 1, 2; 1937, No. 233, § 1; Pope's Dig., §§ 9305, 9307; Acts 1943, No. 413, § 2; 1983, No. 532, § 1; A.S.A. 1947, §§ 52-401, 52-403, 52-404; Acts 2003, No. 461, § 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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-206 - State Mine Inspector - Powers and duties

(a)
In addition to the duties imposed upon him or her by law, the State Mine Inspector shall:
(1)
Recommend to the various operators of coal mines throughout the state all safety rules that he or she shall deem advisable; and
(2)
Investigate the necessity and feasibility of purchasing and maintaining safety, first aid, rescue, or recovery equipment that he or she shall find feasible and necessary.
(b)
(1)
If he or she shall find the purchase and maintenance of the above-described equipment feasible and necessary, he or she is authorized to purchase and maintain the equipment after the legislative appropriation of necessary funds from the General Revenue Fund Account of the State Apportionment Fund, as directed by the appropriation, and the expenses thereof shall be paid in the same manner as the items provided for in §
11-7-205(b)
are directed to be paid.
(2)
All equipment as above described must be such that it will be adaptable for use in and will be available for use in any and all coal mines in the State of Arkansas.
(c)
In his or her annual report, the mine inspector shall:
(1)
Enumerate all recommendations that he or she has made for safety measures and the result thereof; and
(2)
Recommend to each regular session of the General Assembly the measures as he or she deems necessary for the promotion of safety in coal mines.
(d)
He or she shall also request appropriations of all funds necessary to accomplish the purposes of this section and §
11-7-205
.
Amended by Act 2019, No. 315,§ 773, eff. 7/24/2019.
Acts 1943, No. 413, § 3; A.S.A. 1947, § 52-406; Acts 2009, No. 962, § 28; 2011, No. 980, § 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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-207 - Assistant State Mine Inspector

(a)
There is created the office of Assistant State Mine Inspector.
(b)
His or her term of office shall be for a period of two (2) years, to run coextensively with the term of the State Mine Inspector and until his or her successor has been appointed and qualified.
(c)
He or she shall be appointed by the Governor and work under the direction of the State Mine Inspector.
(d)
He or she may be removed by the Governor for neglect of duty or for any other reasonable cause.
(e)
He or she shall have been a resident of the State of Arkansas for the number of years and possess the same qualifications as are required of the State Mine Inspector.
(f)
(1)
Before entering upon the discharge of his or her duties as Assistant State Mine Inspector, he or she shall take and subscribe to the oath of office prescribed by law for the State Mine Inspector and shall execute a bond to the State of Arkansas, with approved security, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties as such official.
(2)
The bond shall be approved as in the case of the State Mine Inspector and, when so approved, shall be filed in the office of the Secretary of State.
(g)
The Assistant State Mine Inspector shall report to the State Mine Inspector and shall be an employee of the Department of Labor and Licensing.
Amended by Act 2019, No. 910,§ 5346, eff. 7/1/2019.
Acts 1949, No. 268, § 20; A.S.A. 1947, § 52-414.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-208 - Inspection of mines

(a)
The State Mine Inspector shall devote his or her entire time to the duties of the office.
(b)
(1)
It shall be the duty of the mine inspector to examine all mines as often as necessary and not less often than once every three (3) months.
(2)
The employees of any mine, as contemplated by the mining laws of this state, shall have authority to call the mine inspector at any time in cases of emergency for the enforcement of the mining laws of this state.
(c)
Inspections shall be made, and the mine inspector shall keep a record of inspections, which shall be included in his annual report to the Governor, of:
(1)
The works and machinery used or operated by any mine;
(2)
The state and condition of the mines as to ventilation, circulation, and condition of the air, drainage, and the number of accidents, injuries, or deaths occurring in or about the mine, the number of persons employed, and the extent to which the laws relating to mines and mining are observed; and
(3)
The progress made in improvements for the safety and health sought to be obtained by the provisions of the mining laws of this state, together with all other such facts and information of public interest concerning the conditions of mine development and progress in this state as may be deemed useful and proper.
(d)
(1)
Should the mine inspector find any violations of the mining laws of this state by any owner, lessee, or agent in charge of any mine, notice shall immediately be given to the owner, lessee, or agent in charge of the mine of the neglect or violation thereof, and, unless it is rectified within a reasonable time, the mine inspector shall institute a prosecution under the laws of the state.
(2)
If the mine inspector finds any matter, thing, or practice in or connected with a mine to be dangerous or defective, which makes it unsafe for persons employed therein, notice in writing to the owner, lessee, or agent of the dangerous or unsafe condition shall be given, and the condition shall be remedied by the owner, lessee, or agent without unnecessary delay.
(e)
(1)
For the purpose of making the inspection and examination as contemplated by this section, the mine inspector shall have the right to enter any mine at any reasonable time, by day or night, but in such manner as shall not necessarily obstruct the workings of the mine.
(2)
The owner, lessee, or agent is required to furnish the means necessary for the entry and inspection.
(3)
The inspection and examination, as contemplated by this section, shall extend to all coal mines where the mines are operated by shaft, slope, or drift.
Acts 1917, No. 130, § 4, p. 683; C. & M. Dig., § 7252; Pope's Dig., § 9308; A.S.A. 1947, § 52-405.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-209 - Owner, agent, or operator to facilitate inspections - Failure to comply

(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.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-210 - Action to enjoin unsafe working conditions

(a)
(1)
If the inspector shall, after examination of any mine and the works and machinery pertaining thereto, find the mine worked contrary to the provisions of this act or unsafe for the workmen employed therein, the inspector shall file a complaint before the judge of the circuit court in vacation or the circuit court when in session, in the name of the state, without cost or bond, showing that the owner, agent, or operator has failed to comply with the provisions of this act.
(2)
The court or judge, after hearing the cause, shall, if satisfied the law has not been complied with, restrain or enjoin the owner, agent, or operator from operating the mine until the law is complied with.
(b)
(1)
In all proceedings before the court or judge, the owner, agent, or operator shall have two (2) days' notice of the intended application for restraining order.
(2)
The judge or the court shall hear the complaint on affidavits or other testimony that may be offered in support, as well as in opposition thereto, and, if sufficient cause appear, the court, or judge in vacation, by order shall prohibit the further working of any mine in which persons may not be safely employed, or which is worked contrary to the provisions of this act, until the mine has been made safe and the requirements of this act shall have been complied with.
(3)
The court shall award such costs in the proceedings as may be just, but any proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.
Acts 1893, No. 125, § 11, p. 213; C. & M. Dig., § 7254; Pope's Dig., § 9310; A.S.A. 1947, § 52-408.
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 2 - STATE MINE INSPECTOR (§§ 11-7-201 — 11-7-211) › Section 11-7-211 - Authority to arrest violators or clear mine - Injunctive relief for owner

(a)
The State Mine Inspector is empowered concurrently with the sheriffs and constables throughout the state to make arrests for any violations of the mining laws of this state, but he or she shall make no arrest until after notice has been given as provided in this act.
(b)
(1)
Where, in the opinion of the mine inspector, there is imminent danger to the life or health of the miners or employees in the mine, the mine inspector shall at once notify the person in charge of or operating the mine in which the dangerous condition exists to immediately remove the danger. On failure to remove the dangerous condition without unnecessary delay, the mine inspector shall order the mine or dangerous portion thereof cleared of all persons except those necessary to remove or remedy the dangerous condition.
(2)
Upon the clearing of any mine of persons employed therein, as provided in this subsection, any owner, lessee, or agent in charge of or operating the mine may apply to the circuit court within whose jurisdiction the mine lies for a writ of injunction to enjoin the mine inspector from continuing the prevention of the operation of the mine. Whereupon, the judge of the court, either in term or vacation, shall at once proceed to hear and determine the case, and if the cause appears to be sufficient after hearing the parties and their evidence, as in like cases, the judge shall sustain or overrule the mine inspector.
Acts 1917, No. 130, § 5, p. 683; C. & M. Dig., § 7255; Pope's Dig., § 9311; A.S.A. 1947, § 52-409.
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 11-7-301 - Penalty for endangering mine or miners

(a)
Any miner, workman, or other person who shall knowingly injure any water gauge, barometer, air course, or brattice or shall obstruct or throw open any airway, or carry any open flame lamp, or matches, into any mine or shall handle or disturb any part of the machinery of the hoisting engine or open a door to a mine, and not have the door closed again, whereby danger is produced, either to the mine or to those who work therein, who shall enter any part of the mine against caution, who shall disobey any order given in pursuance of this chapter, or who shall do any willful act whereby the lives and health of the persons working in the mine, or the security of the mine or miners or the machinery thereof is endangered, shall be deemed guilty of a misdemeanor.
(b)
Upon conviction, the miner, worker, or other person shall be punished by a fine or imprisonment at the discretion of the court or jury hearing the case.
Acts 1893, No. 125, § 13, p. 213; C. & M. Dig., § 7270; Pope's Dig., § 9326; Acts 1949, No. 268, § 5; A.S.A. 1947, § 52-619.
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 11-7-302 - Right of action for death or injury

(a)
For any injury to persons or property occasioned by willful violation of this chapter or willful failure to comply with any of its provisions, a right of action shall accrue to any party injured for any direct damages sustained thereby.
(b)
Should death ensue from any injury, a cause of action shall survive in favor first of the widow and minor children of the deceased, and if there is no widow nor minor children, then in favor of the father, then the mother, and then the brothers and sisters and their descendants.
Acts 1893, No. 125, § 12, p. 213; 1905, No. 225, § 4, p. 567; C. & M. Dig., § 7269; Pope's Dig., § 9325; A.S.A. 1947, § 52-618.
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 11-7-304 - Mine openings and escapeways

(a)
(1)
Every underground mine shall have at least two (2) separate surface openings.
(2)
Main slope and drift openings shall be separated by at least twenty-five feet (25') of natural ground in all mines opened after June 9, 1949.
(3)
New shafts and partitions therein, made after June 9, 1949, shall be fireproof.
(4)
Buntons and guides may be of wood.
(5)
Mine openings at isolated locations, where there is danger of fire entering the mine, shall have adequate protection against surface fires entering the mine.
(b)
Not more than twenty (20) persons shall be allowed at any one (1) time in the mine until a connection has been made between the two (2) mine openings, and work shall be prosecuted with reasonable diligence. When only one (1) opening is available, owing to final mining of pillars, not more than twenty (20) persons shall be allowed in the mine at any one (1) time.
(c)
(1)
There shall be at least two (2) travelable passageways, to be designated as "escapeways", from each working section to the surface, whether the mine openings are shafts, slopes, or drift. These shall be kept in safe condition for travel and reasonably free from standing water and other obstructions.
(2)
One (1) of the designated escapeways may be the haulage road.
(3)
One (1) of the escapeways must be ventilated with intake air.
(4)
At mines now operating with only one (1) free passageway to the surface, immediate action shall be taken to provide a second passageway.
(d)
(1)
Where the designated escapeways are shafts, they shall be equipped with hoist and cage or with travelable stairways or ladders.
(2)
No shaft more than thirty feet (30') deep, sunk after June 9, 1949, shall be equipped with ladders.
(3)
(A)
Stairways shall be of substantial construction, set at an angle not greater than forty-five degrees (45°) with the horizontal, and equipped on at least one (1) side with a suitable handrail.
(B)
Landing platforms shall be at least two feet (2') wide and four feet (4') long and shall be railed properly.
(4)
Ladders shall be anchored securely.
(5)
Where ladders or stairways set at an angle greater than forty-five degrees (45°) are now installed, their use may be continued, provided that they are of substantial construction, with platforms at intervals of not more than thirty feet (30') and equipped with a handrail in the case of stairways.
(e)
(1)
If a designated escapeway is a slope of not more than forty-five degrees (45°), it shall be equipped with a stairway or adequate walkway with cleats.
(2)
If the slope is more than forty-five degrees (45°), stairways shall be installed.
(f)
Direction signs shall be posted conspicuously to indicate manways and designated escapeways.
(g)
Good housekeeping shall be practiced underground.
Acts 1893, No. 125, § 3, p. 213; C. & M. Dig., § 7262; Pope's Dig., § 9318; Acts 1949, No. 268, § 1; A.S.A. 1947, § 52-603.
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 11-7-305 - Ventilation generally

(a)
The owner, agent, or operator of every mine, whether operated by shaft, slope, or drift, shall provide and maintain for every mine a sufficient amount of ventilation, to be determined by the State Mine Inspector, not less than two hundred cubic feet (200 cu. ft.) of air per man per minute, measured at the foot of the downcast, which shall be circulated to the face of every working place throughout the mine, so that the mine shall be free of standing gas of whatsoever kind.
(b)
In all mines where firedamp is generated, every working place where firedamp is known to exist shall be examined every morning with a safety lamp by a competent person before any other persons are allowed to enter.
(c)
The ventilation required by this section may be produced by any suitable appliances.
Acts 1893, No. 125, § 4, p. 213; C. & M. Dig., § 7263; Pope's Dig., § 9319; Acts 1949, No. 268, § 2; A.S.A. 1947, § 52-604.
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 11-7-306 - Regulation of air currents

(a)
Air regulation of all slopes, drifts, or shafts used for hoisting or hauling coal shall be made at the intake of air into the mine, except at the option of the owner or by direction of the State Mine Inspector, and all air that goes into the mine shall be so split that not more than fifty (50) employees will be working on each split of air, and not less than two hundred cubic feet (200 cu. ft.) of air per person shall pass each working face per minute, and the air shall be sufficient to dilute all noxious or explosive gases.
(b)
It shall be the duty of the mine inspector to measure the air at all working faces in making his or her inspection.
(c)
The machinery and appliances used for conducting or driving the air into the mines shall be so installed, arranged, and adjusted that the air currents may be easily and speedily reversed in emergencies.
Amended by Act 2019, No. 382,§ 1, eff. 7/24/2019.
Acts 1905, No. 225, § 17, p. 567; 1919, No. 686, § 1; C. & M. Dig., § 7284; Pope's Dig., § 9340; Acts 1949, No. 268, § 8; A.S.A. 1947, § 52-605.