Public Employees' Chemical Right To Know Act Page 18
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31(1)
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 (55)
gallons or five hundred (500) pounds:
(i)
The chemical name or common name used on the MSDS and/or
the container label;
(ii)
The Chemical Abstracts Service number for such hazardous
chemical if such number is included on the MSDS; and
(iii)
The work area or workplace in which the hazardous chemical is
normally used, generated or stored.
(2)
Each public employer shall file the workplace chemical list with the
Director no later than October 1, 1991, as required by Ark. Code Ann. ' 8-7-1007(b). The
workplace chemical list shall be updated and filed with the Director any time a new
hazardous chemical is used, generated or stored in the workplace in an amount equal to or
greater than fifty-five (55) gallons or five hundred (500) pounds. A new or updated
workplace chemical list shall be filed with the Director no later than July 1 of each
subsequent year or the public employer shall notify the Director in writing that there has
been no change which would require an addition or deletion to the workplace chemical list
previously filed.
(3)
The workplace chemical list shall be maintained and filed on a form
substantially as provided in Appendix A.
12-(k) ENFORCEMENT
(1)
If, after investigation, the Director determines that there has been a
violation of the provisions of Ark. Code Ann. '' 8-7-1001 et seq. or these regulations, the
Director shall issue an order to the official or party responsible for performing the required
duties directing that official or party to cease and desist the act or omission constituting
the violation. Such an order, when final, shall constitute prima facie evidence of a
violation in any enforcement action as provided by Ark. Code Ann. ' 8-7-10149(a).
(2)
The cease and desist order shall be final unless within twenty (20) days
after receipt of notice thereof by certified mail, the person, official or party charged with
the violation notifies the Director in writing that he contests such order. In the event the
order is contested, a final determination shall be made after notice and hearing pursuant
to the Administrative Procedures Act, Ark. Code Ann. '' 25-15-201 et seq.
(3)
If the Director determines that a public employer has violated regulation
12-(h) or Ark. Code Ann. ' 8-7-1008 relating to employee information and training, and
within sixty (60) days of issuance of a cease and desist order the public employer has not
remedied the violation, the Director may conduct a program or programs to remedy the
violation and require such public employer to reimburse the Director for the cost of doing
so. The date of issuance of a cease and desist order shall be the date such order becomes
final.
(4)
The issuance of a cease and desist order by the Director shall not be a
prerequisite for adverse personnel action by the public employer against any supervisory
personnel responsible for the violation.
(5)
In interpreting these regulations, the Director may rely on Interpretive
Bulletins issued by the Occupational Safety and Health Administration, U.S. Department of
-18-
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal