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11-9-503. Violation of safety provisions.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-503. Violation of safety provisions.
(a)(1) Notwithstanding any other definition of extra-hazardous employer as provided by § 11-9-409(c), any employer who fails to utilize the consultative safety services available through the Division of Labor, its own insurance carrier, or a private safety consultant shall be identified as an extra-hazardous employer if it is established by a preponderance of the evidence that an injury or death is caused in substantial part by the failure of the employer to comply with any Arkansas statute or official rule pertaining to the health or safety of employees or fails to follow safety consultant recommendations.
(2) When so notified, the employer shall comply with § 11-9-409(c)(2)-(8).
(b) Provided, if it is established by a preponderance of the evidence that the employee is injured as a result of the employee's violation of the employer's safety rules or instructions, the provisions of this section shall not apply.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-503
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-9-503
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f08afff14850d8bcbb1afa20d91fb1d6ffc614b82c36e81589f09ee992059fee
Source location: content.xml paragraph 6458
Stored source content
11-9-503. Violation of safety provisions.
(a)(1) Notwithstanding any other definition of extra-hazardous employer as provided by § 11-9-409(c), any employer who fails to utilize the consultative safety services available through the Division of Labor, its own insurance carrier, or a private safety consultant shall be identified as an extra-hazardous employer if it is established by a preponderance of the evidence that an injury or death is caused in substantial part by the failure of the employer to comply with any Arkansas statute or official rule pertaining to the health or safety of employees or fails to follow safety consultant recommendations.
(2) When so notified, the employer shall comply with § 11-9-409(c)(2)-(8).
(b) Provided, if it is established by a preponderance of the evidence that the employee is injured as a result of the employee's violation of the employer's safety rules or instructions, the provisions of this section shall not apply.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-409. Safety and health loss control consultative services.
(a)Workers' Health and Safety Division.
(1) The Workers' Compensation Commission shall establish a Workers' Health and Safety Division, hereinafter referred to as the “division”.
(2) The division shall collect and serve as a repository for statistical information on workers' health and safety. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall analyze and use the information to identify and assign priorities to safety needs and to better coordinate the safety services provided by public or private organizations, including insurance carriers. In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall promote workers' health and safety through educational programs and other innovative programs developed by the division.
(3) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall coordinate or supervise the collection of information relating to job safety.
(4) The Chair of the Workers' Compensation Commission, the Secretary of the Department of Labor and Licensing, and the Insurance Commissioner shall function as an advisory committee to resolve questions regarding duplication of efforts, assignment of new programs, and other matters that need cooperation and coordination.
(5)(A) In cooperation with and with the assistance of the Department of Labor and Licensing and the State Insurance Department, the division shall publish or procure and issue educational books, pamphlets, brochures, films, videotapes, and other informational and educational materi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-409
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-9-409. This identifies an authority to review, not proof of applicability.