Title 11 — Labor and Industrial Relations

(a) One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains:(1) A general statement of the covered employer's policy on employee drug or alcohol use, which must identify:(A) The typ…

(a) To the extent permitted by law, a covered employer who voluntarily establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests:(1) Job Applicant Drug and Alcohol Testing. A covered employer must require job applicants to submit to a d…

(a) All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States Department of Transportation rules for workplace drug and alcohol testing compiled at 49 C.F.R., Part 40. (b) A …

(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not by virtue of the result alone be deemed to have a handicap or disability as defined under federal, state, or local handicap and disability discrim…

(a) All information, interviews, reports, statements, memoranda, and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtaine…

(a) A laboratory may not analyze initial or confirmation test specimens unless:(1) The laboratory is licensed and approved by the Department of Health, using criteria established by the United States Department of Health and Human Services as guidelines for modeling the state dru…

(a) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission is authorized to adopt rules, using criteria established by the United States Department of Health and Human Services and the United States Department of Transportation as guidelin…

The Insurance Commissioner shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the Workers' Health and Safety Di…

This chapter shall be known and may be cited as the “Voluntary Veterans' Preference Employment Policy Act”.

(1) As used in this chapter:(1) “DD 214” means a United States Department of Defense Report of Separation form or its predecessor or successor forms;(2) (A) “Local government employer” means a municipality, a county, or township of the state that has issued a resolution to implem…

(a) (1) A private employer or local government employer may have a voluntary veterans' preference employment policy.(2) The veterans' preference employment policy:(A) Shall be in writing;(B) Shall be applied uniformly to employment decisions regarding the hiring, promotion, or re…

The Division of Workforce Services shall maintain a registry of private employers and local government employers in Arkansas that have a voluntary veterans' preference employment policy.

The Department of Veterans Affairs and the Division of Workforce Services shall assist a private employer or a local government employer in determining if an applicant or employee is a veteran, spouse of a disabled veteran, or surviving spouse of a veteran.

It is the purpose of this subchapter that all programs, regardless of their funding source, contribute equally to the cost of unemployment compensation benefits charged to the state agencies operating such programs. It is not the intent of this subchapter that the State of Arkans…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Contribution” means a percentage of payroll expenditures paid to the Unemployment Compensation Revolving Fund by a state agency in order to provide current and timely reimbursements of benefits paid by the…

The provisions and applicability of this subchapter shall be in conjunction with other state laws governing the unemployment compensation of state employees. Employee coverage shall be in conformity with state and federal laws applicable to state employees' unemployment compensat…

(a) This subchapter shall be administered by the Chief Fiscal Officer of the State. (b) Upon certification to the Chief Fiscal Officer of the State by the Division of Workforce Services of unemployment compensation benefits paid during a benefit period and charged to a state agen…

The Division of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of such benefits. Such investigation shall result in a determination of the eligibility of the employee …

(a) Each state agency shall make contributions to the Unemployment Compensation Revolving Fund using the experience rate determined in accordance with § 11-10-704 from personal services matching costs funds within fourteen (14) calendar days following the end of each calendar qua…

In no event shall any experience rate result in a state agency making contributions of more than three percent (3%) of its gross payroll expenditures. In the event that an agency builds a deficit which would require a contribution rate greater than three percent (3%), then that a…

(a) In the event that the Unemployment Compensation Revolving Fund does not have sufficient funds available from contributions by state agencies to make reimbursement to the Division of Workforce Services for benefits paid, loans may be made from the Budget Stabilization Trust Fu…

Financing for the provisions of this subchapter shall be provided within the appropriations and financing authority authorized by the General Assembly for personal services matching costs.

(1) As used in this subchapter:(1) “General Assembly” means the appropriate subcommittee of the Legislative Council or the Joint Budget Committee that is assigned to hear appealed claims or claims requiring approval before being considered by the Legislative Council, the Joint Bu…

Legal representation for a public employer before the Workers' Compensation Commission shall be in the manner prescribed in § 21-5-606.

(1) The following shall not appear before the Workers' Compensation Commission as an attorney or representative for a claimant in the presentation or prosecution of a claim filed under this subchapter:(1) A full-time employee of:(A) The State of Arkansas; or(B) A state agency; or…

All state officers, heads of agencies, departments, and institutions shall file a report with the Workers' Compensation Commission within ten (10) days after knowledge of any personal injury or death of any employee of the state or any of its agencies, departments, or institution…

(a) (1) The Workers' Compensation Commission shall have exclusive jurisdiction, as limited in this subchapter, of all claims against the State of Arkansas and its several agencies, departments, and institutions for personal injuries and deaths of employees and officers of the Sta…

For the purposes of this subchapter, the State of Arkansas shall be considered a self-insurer and shall be exempt from all fees and tax as such.

In the event an award is made, the Workers' Compensation Commission shall immediately take the necessary steps to pay the award and all expenses incidental to the claim from any funds previously made available by the General Assembly for such purpose.

Upon the allowance or disallowance of any claim, the Workers' Compensation Commission shall immediately transmit a copy of its findings to the Secretary of the Department of Finance and Administration and interested parties.

It is the purpose of this subchapter that all programs, regardless of their funding source, contribute equally to the cost of workers' compensation benefits charged to the state agencies operating such programs.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Contribution” means a percentage of payroll expenditures paid to the Workers' Compensation Revolving Fund by a state agency in order to provide current and timely reimbursements of benefits paid by the Wor…

It is the intent of the General Assembly that the provisions of the workers' compensation laws contained in § 11-9-502 apply to state agencies and that “employer” as used in that statute includes state agencies.

This subchapter shall be administered by the Chief Fiscal Officer of the State. The Chief Fiscal Officer of the State shall have the authority to establish procedures and to make such rules as are necessary to enforce the provisions of this subchapter.

(a) Each state agency shall make contributions to the Workers' Compensation Revolving Fund, using the experience rate determined in accordance with this section, from personal services matching costs funds within fourteen (14) calendar days following the end of each calendar quar…

In the event a state agency builds a deficit which would require a contribution rate greater than two percent (2%), the state agency shall continue to make contributions at the rate of two percent (2%) until any deficit owed the Workers' Compensation Revolving Fund is repaid. In …

If the Workers' Compensation Revolving Fund does not have sufficient funds available from contributions by state agencies for paying awarded workers' compensation benefits to state employees, loans may be made from the Budget Stabilization Trust Fund to make such payments. Any lo…

Financing the provisions of this subchapter shall be provided within the appropriations and financing authority as authorized by the General Assembly for personal services matching costs.