If a worksite licensed by the Board of Health is found to be in violation of the regulations, is the worksite as an entity liable or are the individual employees liable?
Employers or persons in charge violate the law if they allow smoking where it is prohibited by the law. “Person in charge” means any person who has responsibility because of ownership, proprietorship, or management of a place that is open to or frequented by the public. Complaints of violations are tracked and investigated in accordance with Department of Health protocol. In addition to the assessment of civil penalties, the Arkansas Board of Health reserves the right to revoke the license of any entity for which it has licensing authority. This is similar to other violations for which the Board of Health may revoke a license, whether due to the action of the owner or of the person in charge.
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