Arkansas
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
The purpose of the Department of Labor shall be to foster, promote, and develop the welfare of the wage earners of Arkansas, to improve their working conditions, and to advance their opportunities...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
When used in this subchapter, unless the context otherwise requires: (1) (A) Employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative,...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
This subchapter shall not apply to mines and mining or the mining industry. ...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) Any employer or owner who violates or fails or refuses to comply with any provision of this subchapter, any lawful order of the Director of the Department of Labor, or any judgment or decree...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) A Department of Labor is created and established under the supervision and direction of a director to be known as the Director of the Department of Labor. (b) The director may set up within...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-107. Director -- Appointment, compensation, etc
(a) The Governor shall appoint the Director of the Department of Labor, subject to confirmation by the Senate. (b) (1) The director shall hold office for a term of two (2) years or until his or...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-108. Director -- Powers and duties generally
In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power, jurisdiction, and authority: (1) To enforce...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-109. Director -- Intervention in and arbitration of labor disputes
(a) In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power, jurisdiction, and authority: (1) (A) To...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 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 Department of Labor shall have the power to make, modify, and repeal reasonable...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 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...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 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 Department of Labor, the director may, after public hearing, make a variation...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-114. Judicial review of rules
(a) (1) Any person aggrieved by a rule of the Director of the Department of Labor made pursuant to § 11-2-112 may commence an action in the Circuit Court of Pulaski County against the Department...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-115. Employer records -- Inspection
(a) (1) Every employer or owner shall furnish to the Director of the Department of Labor any information which the director is authorized to require and shall make true and specific answers to all...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-116. Entry and inspection of workplace, etc
(a) The Director of the Department of Labor and his or her authorized representatives shall have the power and authority to enter any place of employment, place of public assembly, or public...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-117. Safe place of employment -- Duties of employer and director
(a) Every employer shall furnish employment which is safe for the employees therein and shall furnish and use safety devices and safeguards. The employer shall adopt and use methods and processes...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-118. Oaths, certifications, subpoenas, etc. -- Enforcement by contempt
(a) The Director of the Department of Labor and any officer of the Department of Labor designated by the director, in the performance of any duty or the execution of any power prescribed by law,...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-119. False statements made under oath deemed perjury
Any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Director of the...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-121. Agreements with government agencies
(a) The Director of the Department of Labor is authorized to enter into agreements with the United States Government and any and all other state governments for assistance and cooperation in...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-122. Disclosure to employees -- Health benefits available
(a) Any employer or owner who does make available any health benefits to employees, excluding workers' compensation, shall inform and notify the employees of the nature of those benefits as to...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
This subchapter may be cited as the Arkansas Mediation and Conciliation Service Nondisclosure Act. ...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
It is declared to be the public policy of the State of Arkansas that the successful effectuation of the mission of the Arkansas Mediation and Conciliation Service requires that its mediators and...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
For the purpose of this subchapter, unless the context otherwise requires: (1) Director means the Director of the Department of Labor; (2) Person means one (1) or more individuals, joint...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
- 11-2-204. Records and information confidential
(a) All files, reports, letters, memoranda, minutes, documents, or other papers in the official custody of the Arkansas Mediation and Conciliation Service or any of its employees, or any other...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
- 11-2-205. Compliance with subpoenas
(a) No officer, employee, former employee, or other person officially connected or formerly officially connected to the Arkansas Mediation and Conciliation Service shall produce or present any...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
When used in this subchapter, unless the context otherwise requires: (1) (A) Employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative,...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
This subchapter shall not apply to mines and mining or the mining industry. ...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) Any employer or owner who violates or fails or refuses to comply with any provision of this subchapter, any lawful order of the Director of the Department of Labor, or any judgment or decree...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) (1) It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the Director of the Department of Labor, or any of his or her authorized...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) A Department of Labor is created and established under the supervision and direction of a director to be known as the Director of the Department of Labor. (b) The director may set up within...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-108. Director -- Powers and duties generally
In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power, jurisdiction, and authority: (1) To enforce...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-109. Director -- Intervention in and arbitration of labor disputes
(a) In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power, jurisdiction, and authority: (1) (A) To...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 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 Department of Labor shall have the power to make, modify, and repeal reasonable...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-111. Office -- Employees -- Location of hearings
(a) The Director of the Department of Labor is authorized to appoint a deputy director, a secretary, the heads of divisions, and such other employees as may be necessary. He or she is authorized...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 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 Department of Labor, the director may, after public hearing, make a variation...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-114. Judicial review of rules
(a) (1) Any person aggrieved by a rule of the Director of the Department of Labor made pursuant to § 11-2-112 may commence an action in the Circuit Court of Pulaski County against the Department...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-115. Employer records -- Inspection
(a) (1) Every employer or owner shall furnish to the Director of the Department of Labor any information which the director is authorized to require and shall make true and specific answers to all...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-116. Entry and inspection of workplace, etc
(a) The Director of the Department of Labor and his or her authorized representatives shall have the power and authority to enter any place of employment, place of public assembly, or public...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-117. Safe place of employment -- Duties of employer and director
(a) Every employer shall furnish employment which is safe for the employees therein and shall furnish and use safety devices and safeguards. The employer shall adopt and use methods and processes...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-119. False statements made under oath deemed perjury
Any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Director of the...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) The Director of the Department of Labor shall annually, on or before January 1, file with the Governor a report covering the activities of the Department of Labor, accompanied by...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-121. Agreements with government agencies
(a) The Director of the Department of Labor is authorized to enter into agreements with the United States Government and any and all other state governments for assistance and cooperation in...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-2-122. Disclosure to employees -- Health benefits available
(a) Any employer or owner who does make available any health benefits to employees, excluding workers' compensation, shall inform and notify the employees of the nature of those benefits as to...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
This subchapter may be cited as the Arkansas Mediation and Conciliation Service Nondisclosure Act. ...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
It is declared to be the public policy of the State of Arkansas that the successful effectuation of the mission of the Arkansas Mediation and Conciliation Service requires that its mediators and...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
For the purpose of this subchapter, unless the context otherwise requires: (1) Director means the Director of the Department of Labor; (2) Person means one (1) or more individuals, joint...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
- 11-2-204. Records and information confidential
(a) All files, reports, letters, memoranda, minutes, documents, or other papers in the official custody of the Arkansas Mediation and Conciliation Service or any of its employees, or any other...
- chapter 2. DEPARTMENT OF LABOR
- SUBCHAPTER 2. ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT
- 11-2-205. Compliance with subpoenas
(a) No officer, employee, former employee, or other person officially connected or formerly officially connected to the Arkansas Mediation and Conciliation Service shall produce or present any...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-3-101. Soliciting advertising in name of labor organization
(a) (1) Any person, firm, or corporation soliciting advertising in the State of Arkansas in the name of, on behalf of, or claiming to represent bona fide labor organizations shall, prior to the...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 2. HIRING PRACTICES
- 11-3-201. Enticing away laborer prohibited -- Penalty
(a) If any person shall interfere with, entice away, knowingly employ, or induce a laborer who has contracted with another person for a specified time to leave his or her employer before the...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 2. HIRING PRACTICES
- 11-3-202. False statements or blacklists to prevent employment prohibited
(a) (1) In this state, every person who shall send or deliver, make or cause to be made for the purpose of being delivered or sent, part with the possession of any paper, letter, or writing, with...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 2. HIRING PRACTICES
- 11-3-203. Medical examination as condition for employment
(a) (1) It shall be unlawful for any person, partnership, association, or corporation, either for himself or in a representative or fiduciary capacity, to require any employee or applicant for...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 2. HIRING PRACTICES
- 11-3-204. Providing references to prospective employers
(a) (1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 3. RIGHT TO WORK
Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 3. RIGHT TO WORK
The power and duty to enforce this subchapter is conferred upon and vested in the circuit court of the county in which any person, group of persons, firm, corporation, unincorporated association,...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 3. RIGHT TO WORK
- 11-3-303. Union affiliation or nonaffiliation not to be condition of employment
No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with a...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 3. RIGHT TO WORK
- 11-3-304. Contracts to exclude persons from employment prohibited
(a) No person, group of persons, firm, corporation, association, or labor organization shall enter into any contract to exclude from employment: (1) Persons who are members of, or affiliated...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 4. LABOR DISPUTES
- 11-3-401. Prevention of lawful employment prohibited
(a) (1) It shall be unlawful for any person by the use, or threat of the use, of force or violence to prevent or attempt to prevent any person from engaging in any lawful vocation within this...
- chapter 3. LABOR RELATIONS AND PRACTICES
- SUBCHAPTER 4. LABOR DISPUTES
- 11-3-402. Interference with railroad engines and employees prohibited
(a) Where a labor union or striking employees are picketing, or causing to be picketed, the premises or approach to the premises of any employer which is not a railroad, it shall be unlawful for...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-4-101. Assignment of wages
(a) No assignment or order for wages to be earned in the future to secure a loan of less than two hundred dollars ($ 200) shall be valid against any employer of the person making the assignment or...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-4-102. Maximum hours in saw and planing mills
(a) This section shall apply to all associations of persons, companies, or corporations engaged in the business of operating or constructing saw and planing mills in this state and to all workers...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
This subchapter shall be known as the Minimum Wage Act of the State of Arkansas. ...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
It is declared to be the public policy of the State of Arkansas to establish minimum wages for workers in order to safeguard their health, efficiency, and general well-being and to protect them as...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-204. Law most favorable to employees applicable
Any standards relating to minimum wages, maximum hours, or other working conditions in effect under any other law of this state on May 22, 1968, which are more favorable to employees than those...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-205. Right of collective bargaining not affected
Nothing in this subchapter shall be deemed to interfere with, impede, or in any way diminish the right of employers and employees to bargain collectively through representatives of their own...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
(a) (1) Any employer who willfully hinders or delays the Director of the Department of Labor or his or her authorized representative in the performance of his or her duties in the enforcement of...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title. [Repealed]
...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-209. Director of the Department of Labor -- Powers and duties
(a) For any occupation, the Director of the Department of Labor shall make and revise such administrative regulations, including definitions of terms, as he or she may deem appropriate to carry...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
(a) Except as otherwise provided in this section and §§ 11-4-210 and 11-4-212, no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the employee...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-212. Allowance for gratuities
(a) Every employer of an employee engaged in any occupation in which gratuities have been customarily and usually constituted and have been recognized as a part of remuneration for hiring purposes...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-213. Allowance for furnishing board, lodging, apparel, etc
(a) Every employer of an employee engaged in any occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or her...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-214. Handicapped workers
(a) Any person handicapped by lack of skill, age, or physical or mental deficiency or injury in any way that his or her earning capacity is impaired shall be granted a temporary special exemption...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-215. Learners, apprentices, and full-time students
(a) For any occupation, the Director of the Department of Labor may provide, by regulation, after a public hearing at which any person may be heard, for the employment in the occupation of...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
(a) Every employer subject to any provisions of this subchapter or of any regulations issued under this subchapter shall keep a summary of this subchapter, approved by the Director of the...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-217. Records kept by employer
(a) Every employer subject to any provision of this subchapter or of any regulation issued under this subchapter shall make and keep for a period of not less than three (3) years in or about the...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-218. Employee's remedies
(a) Any employer who pays any employee less than the minimum wages to which the employee is entitled under or by virtue of this subchapter shall be liable to the employee affected for the full...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 2. MINIMUM WAGE LAW
- 11-4-219. Judicial review
(a) Any interested person in any occupation for which any administrative regulation has been issued under the provisions of this subchapter who may be aggrieved by any regulation may obtain a...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 3. WAGE DISPUTES
For the purpose of this subchapter, unless the context otherwise requires, the term labor shall include all or any work or service performed by any person employed for any period of time where...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 3. WAGE DISPUTES
This subchapter is a substitute for Acts 1923, No. 380, but apart from that act is cumulative in its effect and shall not be so construed as to nullify or repeal the laws now existing with regard...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 3. WAGE DISPUTES
- 11-4-303. Director of Department of Labor to conduct hearing
(a) Upon application of either employer or employee, the Director of the Department of Labor or any person authorized by the director shall have authority to inquire into, hear, and decide...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 3. WAGE DISPUTES
- 11-4-304. Judicial review
(a) If either employer or employee shall fail or refuse to accept the findings of the Director of the Department of Labor, then either shall have the right to proceed at law as provided. (b) If...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 3. WAGE DISPUTES
- 11-4-305. Enforcement of laborer's lien
(a) In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where a...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 3. WAGE DISPUTES
- 11-4-306. Fees prohibited
The Director of the Department of Labor or any person designated by him or her shall not charge or be permitted to accept any fees or remuneration whatsoever from any person for the performance of...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 4. PAYMENT OF WAGES
- 11-4-401. Payment semimonthly
(a) Except as provided in subsection (c) of this section, all corporations doing business in this state who shall employ any salespersons, mechanics, laborers, or other servants for the...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 4. PAYMENT OF WAGES
- 11-4-402. Discount for advance payment -- Payments made in currency
(a) It shall be unlawful for any milling or manufacturing company, or any other person, corporation, or company employing persons to labor for them in the State of Arkansas, to discount the wages...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 4. PAYMENT OF WAGES
- 11-4-403. Payment by evidence of indebtedness
(a) It shall be unlawful for any corporation, company, firm, or person engaged in any trade or business in this state, either directly or indirectly, to issue, sell, give, or deliver to any person...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 4. PAYMENT OF WAGES
- 11-4-404. Payment by sale of goods or supplies
(a) If any corporation, company, firm, or person shall coerce or compel or attempt to coerce or compel any employee in its employment to purchase goods or supplies in payment of wages, whether the...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 4. PAYMENT OF WAGES
- 11-4-405. Payment on discharge
(a) (1) Whenever any railroad company or corporation or any receiver operating any railroad engaged in the business of operating or constructing any railroad or railroad bridge shall discharge,...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 5. FEMALE EMPLOYEES GENERALLY
- § 11-4-501 -- 11-4-506. [Repealed.]
...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- 11-4-601. Discrimination on the basis of sex prohibited
(a) Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- § 11-4-602 -- 11-4-606. [Reserved.]
USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title. [Repealed]
...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- 11-4-608. Penalties for violation of §§ 11-4-607 -- 11-4-612
Any employer who violates any provision of §§ 11-4-607 -- 11-4-612, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to his or...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- 11-4-609. Administration of §§ 11-4-607 -- 11-4-612
The Director of the Department of Labor shall have the power and it shall be his or her duty to carry out and administer the provisions of §§ 11-4-607 -- 11-4-612. ...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- 11-4-610. Wage discrimination between sexes prohibited
(a) No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- 11-4-611. Action to collect unpaid wages
(a) An employer who violates the provisions of § 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages. (b) (1) Action to recover the wages may be...
- chapter 4. WAGE AND HOUR REGULATIONS GENERALLY
- SUBCHAPTER 6. WAGE DISCRIMINATION
- 11-4-612. Employer to keep records
(a) Every employer subject to §§ 11-4-607 -- 11-4-612 shall keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of the...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-101. Suitable temperature, humidity, and air space required
(a) In every factory, mill, workshop, mercantile establishment, laundry, or other establishment, adequate measures shall be taken for securing and maintaining a reasonable, and as far as possible,...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-103. Cleaning required
(a) All decomposed, fetid, or putrescent matter and all refuse, waste, and sweepings of any factory, mill, workshop, mercantile establishment, laundry, or other establishment shall be removed at...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-104. Wet floors -- Certain precautions required
(a) In all establishments where any process is carried on which makes the floors wet, the floors shall be constructed and maintained with due regard for the health of the employees. (b) Gratings...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-105. Safe doors, stairways, and elevators required
(a) All doors used by employees as entrances to or exits from factories, mills, workshops, mercantile establishments, laundries, or other establishments of a height of two (2) stories or over...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-106. Immoral influences prohibited
It shall be unlawful for the owner, manager, superintendent, or other person in control or management of any factory, mill, workshop, mercantile establishment, laundry, or other establishment...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-107. Inspection of working place -- Findings
(a) The Director of the Department of Labor or any of his or her deputies or inspectors shall have the right to enter any factory, mill, workshop, mercantile establishment, laundry, or other...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-108. Order to correct conditions -- Issuance
(a) The Director of the Department of Labor or any of his or her deputies or inspectors may issue a written order to the owner, manager, superintendent, or other person in control or management of...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-109. Order to correct conditions -- Conclusiveness -- Action to set aside
(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-110. Order to correct conditions -- Penalties for noncompliance
(a) Upon the failure or refusal of the owner, manager, superintendent, or other person in control or management of a place or establishment, to comply with an order issued pursuant to § 11-5-108...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-111. Penalty for violation of §§ 11-5-101 -- 11-5-110
(a) Any employer violating the provisions of §§ 11-5-101 -- 11-5-110 shall be deemed guilty of a misdemeanor. (b) (1) Upon conviction, the employer shall be fined not less than fifty dollars ($...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-112. Separate toilet rooms for males and females required
(a) There shall be provided in every factory, manufacturing establishment, workshop, or other place where six (6) or more males and females are employed separate toilets and washrooms for males...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-114. Requiring use of out-of-state mail-order pharmacy
(a) It shall be unlawful for any employer providing pharmacy services, including prescription drugs, to employees as a part of a health care program to require the employee to obtain drugs from an...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-5-115. Prevention of workplace violence
(a) If an employer or an employer's employee or invitee has: (1) Suffered unlawful violence by an individual as defined by § 5-13-310, terroristic act; § 5-14-103, rape; §§ 5-13-201 --...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
This subchapter shall be cited as the Industrial Health Service Act of 1947. ...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
Nothing in this subchapter shall be construed as applying to the coal mining industry. ...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
(a) (1) Any person, firm, or corporation who shall neglect or refuse to comply with the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by a...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
- 11-5-204. Division of Industrial Hygiene -- Creation -- Duties
(a) The Division of Industrial Hygiene is established as one of the offices over which the State Board of Health maintains supervision. (b) The division shall investigate places of employment and...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
- 11-5-206. Director of Department of Health -- Access to certain buildings
The Director of the Department of Health or his or her duly authorized deputy shall have access to any firm, corporation, industry, or manufacturing plant for the proper discharge of his or her...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
- 11-5-207. Use of injurious material, process, or condition prohibited
(a) It shall be a violation of this subchapter for any employer to use or permit to be used in the conduct of his or her business, manufacturing establishment, or other place of employment any...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 2. INDUSTRIAL HEALTH SERVICE ACT
- 11-5-208. Use of information from studies or investigations
(a) Information obtained from studies or upon investigations made in accordance with the provisions of this subchapter shall not be admissible as evidence in any action at law to recover damages...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
(a) This subchapter provides for the minimum precautions to be taken during any excavation, demolition, transportation of equipment, construction, repair, or operation in the proximity of...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
As used in this subchapter, unless the context otherwise requires: (1) Authorized person means: (A) Employees of an electrical utility company with respect to the electrical system of...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
- 11-5-303. Application of National Electrical Safety Code
The provisions of the National Electrical Safety Code, as adopted by the State of Arkansas, shall apply in the interpretation of this subchapter. ...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
This subchapter does not apply to the construction, reconstruction, operation, and maintenance of energized overhead electrical lines and their supporting structures and associated equipment by an...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
- 11-5-305. Penalty for violations
(a) Every person, firm, corporation, or association who violates any of the provisions of this subchapter shall be fined not less than one hundred dollars ($ 100) nor more than one thousand...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
- 11-5-306. Use of alternative devices or methods
Where specific devices or methods are mentioned in this subchapter, other devices or methods which will secure equally good results may be used, subject to the approval of the enforcing authority. ...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
(a) (1) When any person, firm, or corporation desires to temporarily carry on any function, activity, work, or operation in closer proximity to any energized overhead electrical line or conductor...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
- 11-5-308. Prohibited acts
(a) No person, firm, corporation, or association shall, individually or through an agent or employee, and no person as an agent or employee of any person, firm, corporation, or association, shall...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 3. WORK NEAR HIGH VOLTAGE LINES
(a) The owner, agent, or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, power shovel, drilling rig, hay loader,...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 4. GENETIC INFORMATION IN THE WORKPLACE
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...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 4. GENETIC INFORMATION IN THE WORKPLACE
- 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...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 4. GENETIC INFORMATION IN THE WORKPLACE
- 11-5-404. Penalty for violation of § 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...
- chapter 5. WORKING CONDITIONS GENERALLY
- SUBCHAPTER 4. GENETIC INFORMATION IN THE WORKPLACE
- 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...
- chapter 6. CHILD LABOR
- 11-6-101. Industrial education not prohibited
Nothing in this subchapter 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...
- chapter 6. CHILD LABOR
- 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 subchapter if: (1) The boy or girl is a graduate of any high school,...
- chapter 6. CHILD LABOR
- 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)...
- chapter 6. CHILD LABOR
- 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,...
- chapter 6. CHILD LABOR
- 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,...
- chapter 6. CHILD LABOR
- 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...
- chapter 6. CHILD LABOR
- 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...
- chapter 6. CHILD LABOR
- 11-6-109. Children under age 16 years -- Employment certificate required
(a) No person, firm, or corporation shall employ or permit any child under sixteen (16) years to work in or in connection with any establishment or occupation unless the person, firm, or...
- chapter 6. CHILD LABOR
- 11-6-111. Inspection of workplace -- Prosecution of violators
(a) The Director of the Department 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...
- chapter 6. CHILD LABOR
- 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...
- chapter 6. CHILD LABOR
- 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...
- chapter 6. CHILD LABOR
- 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...
- chapter 6. CHILD LABOR
- 11-6-115. Domestic labor and child care in connection with church functions permitted
(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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
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. ...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
(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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 11-7-205. Office, staff, and compensation
(a) The State Mine Inspector shall have an office which shall be located in Fort Smith, and shall safely keep all records, papers, documents, and other property pertaining to or coming into his or...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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 regulations...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 2. STATE MINE INSPECTOR
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-303. Map or plan of mine
(a) (1) The owner, agent, or operator of each and every coal mine in this state shall make, or cause to be made, an accurate and correct map or plan of the entire workings of the mine and every...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 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...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-307. Manner of working room and pillar plan mine
(a) The owner, agent, lessee, or operator of any coal mine in this state, if the mine is worked on the room and pillar plan, shall cause the work to be prosecuted in the mine in the following...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
The owner, agent, or operator shall provide that a bore hole shall be kept twenty feet (20') in advance of the face of each and every working face and at a forty-five degree (45 degrees) angle at...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-310. Gates, bonnets, and other safety measures
(a) The owner, agent, or operator shall cause every landing on a level or above the surface of the ground and the entrance to each intermediate vein to be securely fenced by a gate and a bonnet so...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
The owner, agent, or operator of any mine shall keep a sufficient amount of timber when required to be used as props, so that workmen can at all times be able to properly secure the workings from...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-312. Medical and emergency supplies
(a) There shall be kept in the engine room or at some nearby and convenient place at each mine a supply of oils, bandages, blankets or covers for wraps, and a cot or stretcher for the use of and...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-313. Washroom and lockers
(a) It shall be the duty of every owner or lessee, its officers and agents, or other persons having jurisdiction or direction of any coal mine within the State of Arkansas to provide a suitable...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-314. Use of water on cutter bars and jackhammers required
(a) In order to promote safety in coal mines by eliminating the hazards of coal and rock dust in coal mines, it is made the duty of every person, partnership, association, corporation, owner,...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-315. Daily inspection by fire boss
(a) In all mines where a fire boss is employed, all working places and worked-out places adjacent to working places shall be examined, when it can be done, at least once a day by a competent fire...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-316. High water danger
(a) Whenever and wherever a coal mine in this state becomes dangerous from high water or overflow of streams adjacent thereto, whereby the lives of miners employed therein are jeopardized by...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-317. Reports of accidents
(a) Whenever loss of life or serious personal injury shall occur by reason of any explosion or of any accident whatever in or about any mine, it shall be the duty of the person having charge of...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-318. Age and sex of miners
No person under the age of eighteen (18) years nor female of any age shall be permitted to enter any mine to work therein. ...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 3. REGULATION OF OPERATION
- 11-7-319. Bond for semimonthly payment of wages
(a) (1) Every person, firm, association, or corporation engaged in mining or producing coal or in the operation of a coal mine or coal mining business and employing more than three (3) persons in...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-401. Coal Mine Examining Board -- Members, organization, and proceedings
(a) (1) There shall be appointed by the Governor a board of four (4) examiners appointed for a term of four (4) years: (A) Two (2) of the board members shall be practical miners who have had...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-402. Coal Mine Examining Board -- Power to administer oaths
(a) In order to more effectively carry out the intentions and purposes of this section and §§ 11-7-409 -- 11-7-414, members of the Coal Mine Examining Board shall have the power to administer...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-403. Fire bosses, mine foremen, etc. -- Examination -- Qualifications
(a) No fire bosses, hoisting engineers, or mine foremen shall be employed in any mine in the State of Arkansas unless they shall have been examined by the state board of examiners, as provided in...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-404. Fire bosses, mine foremen, etc. -- Certificate -- Grades
(a) (1) The Director of the Department of Labor shall grant certificates after examination to all applicants who have shown themselves familiar with the duties of the position for which they...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-405. Fire bosses, mine foremen, etc. -- Duplicate certificate
In case of loss or destruction of a certificate, the secretary of the examining board, upon satisfactory proof of the loss or destruction, may issue a duplicate on the payment of the sum of one...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-406. Fire bosses, mine foremen, etc. -- Revocation of certificate
(a) All certificates issued pursuant to this subchapter may be revoked by the board of examiners after a hearing upon due notice to the holder of the certificate and upon written charges preferred...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-407. Fire bosses, mine foremen, etc. -- Misrepresentation of certificate
Any person who shall forge, alter, or counterfeit a certificate, shall secure or attempt to secure employment by use of the forged, altered, or counterfeited certificate, or shall falsely...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-408. Penalty for violation of §§ 11-7-401 and 11-7-403 -- 11-7-407
(a) Any owner, operator, lessee, or agent of any coal mine in the State of Arkansas violating any of the provisions of §§ 11-7-401 and 11-7-403 -- 11-7-407 shall be deemed guilty of a misdemeanor....
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-410. Coal miners -- Certificate required
(a) It shall be unlawful for any person to work as a coal miner in any coal mine in this state without first having a certificate of qualification and competency to do so from the Coal Mine...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-411. Coal miners -- Examination -- Qualifications -- Certificates
(a) The Coal Mine Examining Board of this state shall hold sufficient examinations each year in places to be determined by the board, which, in its opinion, will be most convenient to applicants...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-412. Coal miners -- Temporary permit -- Grandfather clause
(a) A person making application for a coal miner's certificate of competency and qualification shall be granted a temporary permit to work until such time as an examination is held by the board...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-413. Coal miners -- Apprentices
(a) Any certified miner may have one (1) person working with him and under his direction, in addition to any member of his immediate family, as an apprentice for the purpose of learning the...
- chapter 7. REGULATION OF MINES
- SUBCHAPTER 4. EMPLOYEE CERTIFICATION
- 11-7-414. Coal miners -- Duplicate certificate -- Revocation of certificate
The Coal Mining Examining Board shall possess powers to issue duplicate certificates and to revoke certificates in all cases as provided in §§ 11-7-405 and 11-7-406. ...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
The word corporation as used in §§ 11-8-102 -- 11-8-108, unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and operation...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
Sections 11-8-101 -- 11-8-108 shall not apply to railroad corporations and shall not amend nor repeal any part of §§ 23-12-501 -- 23-12-507. ...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-103. Corporations liable for injury or death resulting from negligence
(a) Every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he or she is employed by the corporation. (b) In case of death...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-104. Contributory negligence no bar to recovery
(a) In all actions brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 -- 11-8-108 to recover damages for personal injuries to an employee, or where the...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-105. Assumption of risk no defense when safety statute violated
In any action brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 -- 11-8-108 to recover damages for injuries to, or the death of, any of its employees, the...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-106. Contract exemptions void -- Setoff for insurance contributions
(a) Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any corporation to exempt itself from any liability created by §§ 11-8-101 -- 11-8-108,...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-107. Limitation of action
No action shall be maintained under §§ 11-8-101 -- 11-8-108 unless commenced within three (3) years from the date the cause of action accrued. ...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-108. Survival of cause of action
Any right of action given by §§ 11-8-101 -- 11-8-108 to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of the...
- chapter 8. INJURY OR DEATH OF EMPLOYEES GENERALLY
- 11-8-109. Liability of companies engaged in coal mining
Every company, whether incorporated or not, engaged in the mining of coal who may employ agents, servants, or employees, those agents, servants, or employees being in the exercise of due care,...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-101. Title -- Purpose
(a) This chapter shall be cited as the Workers' Compensation Law. (b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
As used in this chapter, unless the context otherwise requires: (1) Carrier means any stock company, mutual company, or reciprocal or interinsurance exchange authorized to write or carry on...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
(a) Every employer and every employee, unless otherwise specifically provided in this chapter, shall be subject to the provisions of this chapter and shall be bound thereby. However, nothing in...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-104. Effect of unconstitutionality
If any part of this chapter is adjudged unconstitutional by the courts and the adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-106. Penalties for misrepresentation
(a) (1) (A) Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-107. Penalties for discrimination for filing claim
(a) (1) Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for benefits...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-108. Waiver of compensation void -- Exception
(a) No agreement by an employee to waive his or her right to compensation shall be valid, and no contract, regulation, or device whatsoever shall operate to relieve the employer or carrier, in...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-109. Agreement to pay premium void
(a) No agreement by an employee to pay any portion of the premium paid by his or her employer to a carrier or to contribute to a safety program as provided under § 11-9-409 or a benefit fund or...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-110. Compensation nonassignable, etc., and payable to dependents only -- Child support obligations excepted.
(a) The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations and...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-111. Compensation payable to certain alien dependents
(a) Compensation to alien nonresidents of the United States or Canada shall be the same in amount as provided for residents, except that alien nonresident dependents in any foreign country shall...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-112. Preference for due compensation
Compensation due an injured employee or his or her dependents shall have the same preference as is allowed by law to an employee for unpaid wages. ...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-113. Mental injury or illness
(a) (1) A mental injury or illness is not a compensable injury unless it is caused by physical injury to the employee's body, and shall not be considered an injury arising out of and in the course...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-114. Heart or lung injury or illness
(a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-115. Disclosure of child support obligations
(a) (1) At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support obligations,...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-116. Fund transfer to support Workers' Compensation Fraud Unit of the State Insurance Department
(a) (1) One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the Workers'...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 1. GENERAL PROVISIONS
- 11-9-117. Carpal tunnel syndrome guidelines
Pursuant to its rulemaking authority, the Workers' Compensation Commission shall be empowered to enact medical diagnostic and treatment guidelines regarding occupational carpal tunnel syndrome...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-201. Members -- Appointment -- Compensation
(a) The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the commission...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-202. Members -- Bond
(a) The members shall give bond in the sum of ten thousand dollars ($ 10,000) executed by a surety company authorized to do business in the state for the faithful performance of their duties. (b)...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-203. Members -- Removal
(a) The Governor may, at any time, remove any member of the Workers' Compensation Commission for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of the...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
(a) Members of the Workers' Compensation Commission shall be considered as officers and shall take the oath prescribed by the Arkansas Constitution and the laws of Arkansas. (b) (1) A majority of...
- chapter -- Staff and expenditures
- 11-9-205. Administration of chapter -- Staff and expenditures
(a) (1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized: (A) To make such rules and regulations as may be found necessary;...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-207. Powers and duties
(a) In addition to its other duties and powers, the Workers' Compensation Commission is given and granted full power and authority: (1) To hear and determine all claims for compensation,...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-208. Biennial report
On or before the first day of the regular session of the General Assembly, the Workers' Compensation Commission under the authority of at least two (2) of its members shall make to the Governor...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-209. Statistical data collection
(a) The Workers' Compensation Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses, expenses,...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 2. WORKERS' COMPENSATION COMMISSION
- 11-9-210. Purchase of annuity contracts -- Funding of Death and Permanent Total Disability Trust Fund obligations
(a) (1) The Workers' Compensation Commission is hereby authorized to fund financial obligations of the Death and Permanent Total Disability Trust Fund through the purchase of structured annuity...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 3. FUNDS -- TAXES AND FEES
- 11-9-301. Funds established
(a) There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds: (1) the Workers' Compensation...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 3. FUNDS -- TAXES AND FEES
- 11-9-302. Qualifying fees for carriers, third-party administrators, and self-insurers
(a) Each carrier writing compensation insurance in this state shall pay to the Insurance Commissioner, in addition to the premium taxes and fees now required under existing laws, at the time of...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 3. FUNDS -- TAXES AND FEES
- 11-9-303. Payment of tax by carrier
(a) In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in § 11-9-306...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 3. FUNDS -- TAXES AND FEES
- 11-9-304. Payment of tax by self-insurer
(a) It shall be the duty of the Workers' Compensation Commission to collect a tax from every self-insured employer at a rate to be determined as provided by § 11-9-306 but not to exceed three...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 3. FUNDS -- TAXES AND FEES
- 11-9-305. Payment of tax by public employer
(a) (1) It shall be the duty of the Workers' Compensation Commission to collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 3. FUNDS -- TAXES AND FEES
- 11-9-306. Certification of surplus and rate of taxation
(a) (1) The Workers' Compensation Commission, on or before December 31 of each year, shall certify to the Insurance Commissioner the surplus, if any, in the Workers' Compensation Fund, together...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-402. Liability of prime contractors and subcontractors -- Sole proprietorships or partnerships
(a) Where a subcontractor fails to secure compensation required by this chapter, the prime contractor shall be liable for compensation to the employees of the subcontractor. (b) (1) Any contractor...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-403. Waiver of exclusion or exemption
(a) Any employer carrying on any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the employer...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-404. Security for compensation
(a) Every employer shall secure the payment of compensation under this chapter: (1) By insuring and keeping insured the payment of the compensation with any carrier authorized to write workers'...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-405. Substitution of carrier for employer
(a) In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer and in order that...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-406. Failure to secure payment of compensation -- Penalty
(a) (1) Any employer required to secure the payment of compensation under this chapter who fails to secure compensation shall be subject to a fine of up to ten thousand dollars ($ 10,000) as...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-407. Posting notice of compliance
(a) Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place in and about the employer's place of business typewritten or printed...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 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...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-410. Third-party liability
(a) Liability Unaffected. (1)(A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 4. EMPLOYER LIABILITY -- INSURANCE
- 11-9-411. Effect of payment by other insurers
(a) Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received for...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-501. Limitations on compensation -- Death and disability
(a) (1) Compensation to the injured employee shall not be allowed for the first seven (7) days' disability resulting from injury, excluding the day of injury. (2) If a disability extends beyond...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-502. Limitations on compensation -- Exceptions
(a) The benefits shall be paid for a period not to exceed four hundred fifty (450) weeks of disability, except that this limitation shall not apply in cases of permanent total disability or death....
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-504. Additional compensation -- Illegally employed minor
(a) Where an injury or death is sustained by a minor employed in violation of federal or state statutes pertaining to minimum ages for employment of minors, compensation or death benefits provided...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-505. Additional compensation -- Rehabilitation
(a) (1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee's...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-506. Limitations on compensation -- Recipients of unemployment benefits
(a) Any other provisions of this chapter to the contrary notwithstanding, no compensation in any amount for temporary total, temporary partial, or permanent total disability shall be payable to an...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-507. Special project to improve safety
(a) For the fiscal year beginning July 1, 1987, the Workers' Compensation Commission shall allocate one hundred thousand dollars ($ 100,000) to a special project for the following purposes: (1)...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-508. Medical services and supplies -- Liability of employer
(a) The employer shall promptly provide for an injured employee such medical, surgical, hospital, chiropractic, optometric, podiatric, and nursing services and medicine, crutches, ambulatory...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-509. Medical services and supplies -- Amounts and time periods
The amounts payable or time periods allowable for authorized medical, hospital, and other services and treatment furnished under §§ 11-9-508 -- 11-9-516, unless waived by the employer-respondent...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-510. Medical services and supplies -- Contest of liability
The employer shall not be liable for any of the payments provided for in §§ 11-9-508 -- 11-9-516 in the case of a contest of liability where the Workers' Compensation Commission shall decide that...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-511. Medical services and supplies -- Physical examination
(a) An injured employee claiming to be entitled to compensation shall submit to such physical examination and treatment by another qualified physician, designated or approved by the Workers'...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-512. Medical services and supplies -- Refusal to submit to operation
Except in cases of hernia, which are specifically covered by § 11-9-523, where an injured person unreasonably refuses to submit to a surgical operation which has been advised by at least two (2)...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-513. Medical services and supplies -- Approval of charges
(a) All persons who render services or provide things mentioned in §§ 11-9-508 -- 11-9-516 shall submit the reasonableness of the charges to the Workers' Compensation Commission for its approval,...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-514. Medical services and supplies -- Change of physician
(a) (1) If the employee selects a physician, the Workers' Compensation Commission shall not authorize a change of physician unless the employee first establishes to the satisfaction of the...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-515. Medical services and supplies -- Spiritual treatment
(a) When an employer and employee so agree in writing, nothing in this chapter shall be construed to prevent an employee whose injury or disability has been established in accordance with the...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-516. Medical services and supplies -- Information furnished by provider
(a) (1) Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the Workers'...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-517. Medical services and supplies -- Rules and regulations
The Workmens' Compensation Commission is authorized to establish rules and regulations, including schedules of maximum allowable fees for specified medical services rendered with respect to...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-518. Weekly wages as basis for compensation
(a) (1) Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident and in no case shall be computed on less...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-519. Compensation for disability -- Total disability
(a) In case of total disability, there shall be paid to the injured employee during the continuance of the total disability sixty-six and two-thirds percent (662 3%) of his or her average weekly...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-520. Compensation for disability -- Temporary partial disability
In case of temporary partial disability resulting in the decrease of the injured employee's average weekly wage, there shall be paid to the employee sixty-six and two-thirds percent (662 3%) of...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-521. Compensation for disability -- Scheduled permanent injuries
(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during the...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-522. Compensation for disability -- Unscheduled permanent partial disability
(a) A permanent partial disability not scheduled in § 11-9-521 shall be apportioned to the body as a whole, which shall have a value of four hundred fifty (450) weeks, and there shall be paid...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-523. Compensation for disability -- Hernia
(a) In all cases of claims for hernia, it shall be shown to the satisfaction of the Workers' Compensation Commission: (1) That the occurrence of the hernia immediately followed as the result of...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-524. Compensation for disability -- Disfigurement
(a) The Workers' Compensation Commission shall award compensation for serious and permanent facial or head disfigurement in a sum not to exceed three thousand five hundred dollars ($ 3,500). (b)...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-525. Compensation for disability -- Second injuries
(a) (1) The Second Injury Trust Fund established in this chapter is a special fund designed to ensure that an employer employing a handicapped worker will not, in the event that the worker suffers...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-526. Compensation for disability -- Refusal of employee to accept employment
If any injured employee refuses employment suitable to his or her capacity offered to or procured for him or her, he or she shall not be entitled to any compensation during the continuance of the...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-527. Compensation for death
(a) Funeral Expenses. If death results from an injury occurring on or after July 1, 1993, the employer shall pay the actual funeral expenses, not exceeding the sum of six thousand dollars ($...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-528. Employer records
(a) Every employer shall keep a record with respect to any injury to an employee. (b) The record shall contain such information of disability or death with respect to the injury as the Workers'...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-529. Employer reports
(a) Within ten (10) days after the date of receipt of notice or of knowledge of injury or death, the employer shall send to the Workers' Compensation Commission a report setting forth: (1) The...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 5. ACCIDENTAL INJURY OR DEATH
- 11-9-530. Managed care implementation
Implementation of Workers' Compensation Commission Rule 33 regarding managed care shall be voluntary for all employers. ...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 6. OCCUPATIONAL DISEASE
- 11-9-601. Compensation generally
(a) Where an employee suffers from an occupational disease as defined in this subchapter and is disabled or dies as a result of the disease and where the disease was due to the nature of the...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 6. OCCUPATIONAL DISEASE
- 11-9-602. Compensation for silicosis or asbestosis
(a) As used in this subchapter, unless the context otherwise requires: (1) Asbestosis means the characteristic fibrotic condition of the lungs caused by the inhalation of asbestos dust; and...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 6. OCCUPATIONAL DISEASE
- 11-9-603. Practice and procedure
(a) (1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in...
- chapter 9. WORKERS' COMPENSATION
- SUBCHAPTER 7. PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION
- 11-9-701. Notice of injury or death