Comparison: State vs. Federal
Arkansas does not have a federally approved occupational safety and health regulatory program; therefore, private sector workplaces must follow federal workplace safety and health requirements. Public sector employers in Arkansas are governed by state occupational safety and health requirements, including nonmonetary penalties for rule violations. There are no monetary penalties for rule violations by public sector workplaces, except assessment of reasonable attorneys’ fees for a successful plaintiff in a civil proceeding. See TABLE 1 for penalties for violations of safety laws.
Federal OSHA administers and enforces occupational safety and health in the private sector in Arkansas. The Arkansas Department of Labor’s Arkansas Occupational Safety and Health Division (AOSH) investigates complaints, accidents, and fatalities in public sector workplaces and checks for violations of state safety and health regulations.
Arkansas provides for administrative, civil, and criminal penalties for violations of its hazardous materials transportation laws. See TABLE 2 for penalties for violations of hazardous materials transportation laws.
The Arkansas State Highway and Transportation Department (AHTD) administers and enforces the hazardous materials transportation rules in Arkansas.