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8-7-1011. Rulemaking.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1011. Rulemaking.
(a) The Director of the Division of Labor may promulgate rules in accordance with the provisions of §§ 11-2-110, 11-2-112, and 11-2-113 to implement the provisions of this subchapter. This authority shall include, but not be limited to, the authority to implement changes corresponding to future amendments to the Hazard Communication Standard to maintain consistency between this subchapter and the Hazard Communication Standard.
(b) The director shall promulgate rules requiring public employers to carry out information and training programs for their public employees and specifying the minimum content of education and training programs as provided in § 8-7-1008.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1011
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:8-7-1011
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ab96412d38bda2702a7565a05be4bee395de340bbd11a02696577f1d469f738c
Source location: content.xml paragraph 8716
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8-7-1011. Rulemaking.
(a) The Director of the Division of Labor may promulgate rules in accordance with the provisions of §§ 11-2-110, 11-2-112, and 11-2-113 to implement the provisions of this subchapter. This authority shall include, but not be limited to, the authority to implement changes corresponding to future amendments to the Hazard Communication Standard to maintain consistency between this subchapter and the Hazard Communication Standard.
(b) The director shall promulgate rules requiring public employers to carry out information and training programs for their public employees and specifying the minimum content of education and training programs as provided in § 8-7-1008.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-2-110. Director — Rulemaking authority.
(a) In addition to such other powers and duties as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power to make, modify, and repeal reasonable rules for the prevention of accidents or industrial or occupational diseases in every employment or place of employment and to make, modify, and repeal reasonable rules for the construction, repair, and maintenance of places of employment, places of public assembly, and public buildings which shall render them safe.
(b) The director shall have the power to make, modify, or repeal such rules, or changes in rules, as he or she may deem necessary to carry out the provisions of this subchapter.
(c) The director may appoint committees composed of employers, employees, and experts to suggest rules or changes therein.
(d) The rules of the director shall have the force and effect of law and shall be enforced by the director in the same manner as the provisions of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-2-110
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 11-2-110. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-2-112. Promulgation of rules.
(a) Before any rule is adopted, amended, or repealed, there shall be a public hearing thereon, notice of which shall be published at least once and not less than ten (10) days prior to the public hearing in such newspaper as the Director of the Division of Labor may prescribe.
(b)(1) All rules and all amendments and repeals thereof shall, unless otherwise prescribed by the director, take effect thirty (30) days after the first publication thereof, and certified copies shall be filed in the office of the Secretary of State.
(2) Every rule adopted and every amendment or repeal shall be published in such manner as the director may determine, and the director shall deliver a copy to every person making application therefor. The director shall include the text of each rule or amendment in an appendix to the annual report of the Division of Labor next following the adoption or amendment of the rule.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-2-112
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 11-2-112. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-2-113. Variation of rule due to difficulties or hardship.
(a) If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Director of the Division of Labor, the director may, after public hearing, make a variation from such requirement if the spirit of the rule and law shall be observed.
(b) Any person affected by the rule, or his or her agent, may petition the director for a variation, stating the grounds therefor.
(c) The director shall fix a day for a hearing on the petition and give reasonable notice to the petitioner.
(d) A properly indexed record of all variations made shall be kept in the office of the Department of Labor and open to public inspection.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-2-113
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 11-2-113. 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.