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8-7-1004. Duties of public employers.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1004. Duties of public employers.
Each public employer shall do the following:
(1) Post adequate notice, as provided by the Director of the Division of Labor, at locations where notices are normally posted, informing public employees about their rights under this subchapter;
(2) Ensure proper hazardous chemical labeling in accordance with § 8-7-1005;
(3) Maintain and make available material safety data sheets in accordance with § 8-7-1006;
(4) Compile and maintain a workplace chemical list in accordance with § 8-7-1007;
(5) Provide public employee information and training in accordance with § 8-7-1008; and
(6) Handle trade secrets in accordance with § 8-7-1012.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1004
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:8-7-1004
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9be20d67cd140d711b2e99cb8f01360c0d6f48b88ff08ab8283521aea5ceadb3
Source location: content.xml paragraph 8613
Stored source content
8-7-1004. Duties of public employers.
Each public employer shall do the following:
(1) Post adequate notice, as provided by the Director of the Division of Labor, at locations where notices are normally posted, informing public employees about their rights under this subchapter;
(2) Ensure proper hazardous chemical labeling in accordance with § 8-7-1005;
(3) Maintain and make available material safety data sheets in accordance with § 8-7-1006;
(4) Compile and maintain a workplace chemical list in accordance with § 8-7-1007;
(5) Provide public employee information and training in accordance with § 8-7-1008; and
(6) Handle trade secrets in accordance with § 8-7-1012.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1005. Labeling — Definition.
(a) Existing labels on containers of hazardous chemicals shall not be removed or defaced.
(b)(1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings.
(2) However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., or the Arkansas Pesticide Control Act, § 2-16-401 et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container.
(c) A public employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the public employee who performs the transfer. Public employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the public employee who placed the hazardous chemical into the portable container. As used in this subsection, “unlabeled container” means a container which is not labeled in accordance with this section or the Hazard Communication Standard.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1005
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 8-7-1005. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1006. Material safety data sheets.
(a) Chemical manufacturers and distributors shall provide public employers which purchase a hazardous chemical from them with an appropriate material safety data sheet prior to or with their initial shipment of the hazardous chemical and with the first shipment after the material safety data sheet for the hazardous chemical is updated.
(b) Public employers shall maintain the most current material safety data sheet received from chemical manufacturers or distributors for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time the hazardous chemicals are received at the workplace, the public employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.
(c) Material safety data sheets shall be readily available upon request to public employees and their designated representatives.
(d)(1) If a material safety data sheet for a hazardous chemical is not readily available upon request, a public employee or his or her designated representative may submit a written request for the material safety data sheet to the public employer. The public employer, within three (3) business days, either shall furnish a copy of the requested material safety data sheet to the requester or, if the requested material safety data sheet is not in the public employer's possession, shall demonstrate to the requester that the public employer has made an effort to obtain the material safety data sheet from the distributor, chemical manufacturer, or other source.
(2) If after two (2) weeks from receipt of the request the public employer has not furnished the requester with the requested material safety data s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1006
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 8-7-1006. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1007. Workplace chemical lists.
(a) Each public employer shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used, generated, or stored in the workplace in an amount equal to or greater than fifty-five gallons (55 gals.) or five hundred pounds (500 lbs.):
(1) The chemical name or common name used on the material safety data sheet or the container label;
(2) The Chemical Abstracts Service number for such hazardous chemical if such Chemical Abstracts Service number is included on the material safety data sheet; and
(3) The work area or workplace in which the hazardous chemical is normally used, generated, or stored.
(b) Each public employer shall update the workplace chemical list with the Director of the Division of Labor as necessary, but in any case by July 1 of each year.
(c) A public employer may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by identifying on the workplace chemical list each element or compound in the mixture which is a hazardous chemical or by identifying on the workplace chemical list the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) listing of the element or compound is necessary.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1007
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 8-7-1007. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 Department of Labor or 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 proced
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1008
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 8-7-1008. This identifies an authority to review, not proof of applicability.