Right To Know

ARKANSAS DEPARTMENT OF LABOR AND LICENSING
NOTICE
TO EMPLOYER AND EMPLOYEE
Act 556 of 1991 entitled the
PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT
PURPOSE
The purpose of this law is to provide public employees
access to training and information concerning hazardous
chemicals in order to enable them to minimize their exposure
to such chemicals and protect their health, safety and welfare.
PUBLIC EMPLOYERS' DUTIES
Public employers are responsible for the following as set
out by the law:
1. Post adequate notice to inform employees of their rights
2. Ensure proper chemical labeling
a. Existing labels on containers of hazardous chemicals are
not to be removed
b. If a chemical is transferred to another container, it must
also be labeled with the name and appropriate
warnings, as provided in this law
c. A public employer is not required to label chemicals that
have been transferred to a portable container by an
employee when that employee is going to
immediately use the chemical.
3. Maintain and make material safety data sheets available
a. Chemical manufacturers and distributors must provide
public employers with the appropriate MSDSs within
the prescribed times
b. Public employers must maintain current copies of each
MSDS and have them available to employees and
their designated representatives upon request within
the prescribed time
c. The employer must not require an employee to work
with a chemical until a MSDS can be furnished
except as indicated by this law
d. An employee who declines to work with a chemical may
not be penalized
e. Public employers shall provide a copy of MSDSs to the
Director of Labor upon request
4. Compile and maintain a workplace chemical list for
hazardous chemicals used, generated, or stored in amounts of
55 gallons or 500 pounds or more
a. The Workplace Chemical List must show the chemical
or common name used on the MSDS and/or the
container label, the Chemical Abstracts Service
Number and the work area where it will normally be
used, generated, or stored
b. Chemical lists shall be filed with the Director of Labor
no later than October 14, 1991, updated when
necessary, and refiled July 1 of each year
5. Provide employees with information and training
a. The Director of Labor is responsible for maintaining a
general information and training assistance program
to aid public employers
b. Additional training must be provided when a new hazard
is introduced, when new information is received, or
before new employees are assigned to a job
c. Information and training programs must meet the
requirements specified in the law and in the
regulations of the Director of Labor.
d. Information and training programs must be developed
by January 15, 1992, and initial information and
training must be provided prior to July 15, 1992.
Employers must keep a record of the dates of
training sessions given to their employees.
e. The Director of Labor's rules and regulations concerning
refresher training and training exemptions must be
followed
6. Handle trade secrets in accordance with provisions set out
in the law
a. The Director of Labor can request data substantiating a
trade secret claim when asked to by an employee,
designated representative, or public employer
b. All information will be kept confidential
PUBLIC EMPLOYEES' RIGHTS
Public employees who may be exposed to hazardous
chemicals must be informed and shall have access to the
Workplace Chemical List, MSDSs for the chemicals on the
list, and information and training as provided in this act.
A public employee cannot be disciplined, discharged
or discriminated against for requesting information, filing
a complaint, assisting an inspector of the Department of
Labor and Licensing, causing any complaint or
proceeding to be instituted, testifying in any proceeding,
or exercising any right afforded by this law.
Any waiver of the benefits or requirement of this law
are a violation and are therefore null and void.
COMPLAINTS AND INVESTIGATIONS
The Director of the Department of Labor will
investigate written and oral complaints from public employees
concerning violations of this law. The Director or his
designated representative has the authority to enter the
workplace and conduct a thorough investigation of the
complaint as specified by this law.
ENFORCEMENT
If the Director of Labor finds a public employer in
violation of this law, he shall issue an order to cease and desist
the act or omission constituting the violation.
If the Director of Labor finds that a public employer
has failed to provide the required information and training by
the prescribed time, he may conduct the program and charge
the employer for the costs incurred.
Violation of this act shall be cause for adverse
personnel action against the responsible supervisor as set out
in this act.
CAUSE OF ACTION - ATTORNEY FEES
Any citizen denied their rights under this law may
commence civil action in circuit court and the court shall hear
the petition within seven days.
The court shall have the jurisdiction to restrain
violations of this act and to order all appropriate relief. Those
who refuse to comply with these orders will be in contempt of
court.
Attorney fees and court costs will be assessed to the
defendant and plaintiff as set out by the law.
NO EFFECT ON OTHER LEGAL DUTIES
The provision of information to a public employee
does not affect the liability of the employer with regard to the
health and safety of the employee, or the employer's
responsibility to prevent the occurrence of occupational
disease.
The provision of information to an employee also
does not affect any other duty or responsibility of a chemical
manufacturer or distributor to warn users of a hazardous
chemical.
ARKANSAS DEPARTMENT OF
LABOR AND LICENSING
900 W. Capitol Avenue; Suite 400
Little Rock, Arkansas 72201
PH. (501) 682-4500
EMPLOYERS ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUOUS PLACE