Okla. Stat. tit. 40, § 40-454 — OK Code / Title 40 / Section 40-454
Suspension, revocation or refusal to issue license -
Status: in_force

Hearing - Appeal.

If the Commissioner finds that a contractor has violated any of

the provisions of the Oklahoma Asbestos Control Act or any rule

promulgated pursuant to the Oklahoma Asbestos Control Act, the

Commissioner may suspend, revoke or refuse to issue the license of

the contractor after a hearing held for such purpose. Such hearing

shall be held within thirty (30) days after written notice has been

sent to the contractor by certified mail. If, after such hearing,

the Commissioner finds cause to suspend, revoke or refuse to issue a

license, the contractor shall be given written notice of the

decision of the Commissioner and the basis therefor. The decision

shall become final at the end of thirty (30) days from the date of

such notice, unless appealed to the district court. All appeals

from the Commissioner's order shall be taken in the manner

prescribed by law.
Okla. Stat. tit. 40, § 40-6-101 — OK Code / Title 40 / Section 40-6-101
OESC Computer Fund
Status: in_force

OESC COMPUTER FUND.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Employment Security Commission to be

designated the "OESC Computer Fund". The OESC Computer Fund shall

be separate and distinct from the Unemployment Compensation Fund and

shall consist of:

1. All monies received from employers and paid pursuant to

Section 6-104 of this title;

2. All other sums, from whatever source, received by the

Commission and paid into the OESC Computer Fund; and

3. Property and securities acquired by and through the use of

monies in the OESC Computer Fund.

B. The OESC Computer Fund shall be a continuing fund, not

subject to fiscal year limitations. All monies accruing to the

credit of the OESC Computer Fund are hereby appropriated and may be

budgeted and expended for the purposes set forth in Section 6-102 of

this title. Expenditures from the OESC Computer Fund shall be made

upon warrants issued by the State Treasurer against claims filed, as

prescribed by law, with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 40, § 40-424 — OK Code / Title 40 / Section 40-424
Qualifications for personnel of Department of Labor
Status: in_force

The provisions as to qualifications of persons in positions or

jobs created or provided for under provisions of Sections 401

through 423 of Title 40 of the Oklahoma Statutes, the Oklahoma

Occupational Health and Safety Standards Act of 1970, shall not

apply to officers or employees of the Department of Labor, it being

intended that their qualifications for such positions or jobs be

determined by the Commissioner of Labor.
Okla. Stat. tit. 40, § 40-2-722 — OK Code / Title 40 / Section 40-2-722
Reimbursement deposited in fund
Status: in_force

REIMBURSEMENT DEPOSITED IN FUND. Reimbursement of the federal

share shall be deposited in the Unemployment Compensation Fund

created by this act.
Okla. Stat. tit. 40, § 40-141.13 — OK Code / Title 40 / Section 40-141.13
Inspection of certain boilers and pressure vessels
Status: in_force

A. The Commissioner of Labor or the chief boiler inspector, or

any deputy inspector, shall have free access, during reasonable

hours, to any premises in the state where a boiler or pressure

vessel is being constructed for use in, or is being installed in

this state for the purpose of ascertaining whether such boiler or

pressure vessel is being constructed and installed in accordance

with the provisions of the Boiler and Pressure Vessel Safety Act.

B. Each boiler and pressure vessel covered by the Boiler and

Pressure Vessel Safety Act shall be thoroughly inspected as to its

construction, installation and condition as follows:

1. Power boilers and high pressure high temperature water

boilers shall receive an inspection annually which shall be an

Oklahoma Statutes - Title 40. Labor Page 220

internal inspection where construction permits; otherwise it shall

be as complete an inspection as possible. Such boilers shall also

be externally inspected annually preferably while under pressure;

2. Low pressure steam or vapor heating boilers shall receive an

external inspection annually with an internal inspection at least

every two (2) years where construction permits;

3. Hot water heating and hot water supply boilers shall receive

an external inspection annually with an internal inspection at the

discretion of the inspector;

4. Hot water supply heaters shall receive a certificate

inspection annually, if possible, but biennially as a minimum;

5. Pressure vessels, excluding those within the scope of the

American Petroleum Institute Pressure Vessel Inspection Code,

subject to internal corrosion and waste heat steam generators shall

receive an internal inspection triennially where construction

permits. Pressure vessels not subject to internal corrosion shall

receive an inspection at intervals set by the Commissioner.

Frequency of external inspections of pressure vessels shall be set

by the Commissioner;

6. A grace period of two (2) months beyond the periods

specified in paragraphs 1, 2, 3, 4 and 5 of this subsection is

permitted between inspections; however, the inspection due date

shall not be affected; provided, however, for an entity with two or

more boilers or pressure vessels, the Commissioner may allow all

inspections of the boilers or pressure vessels to be conducted at

that location at the same time;

7. The Commissioner of Labor may provide for longer periods

between inspections in the rules for specific boilers and pressure

vessels; and

8. Under the provisions of the Boiler and Pressure Vessel

Safety Act, the Commissioner of Labor is responsible to provide

rules for the safety of life, limb and property and therefore has

jurisdiction over the interpretation and application of the

inspection requirements as provided for in the rules. Inspection

during construction and installation shall certify as to the minimum

requirement for safety as defined in the American Society of

Mechanical Engineers Code or other construction standards acceptable

to the Commissioner of Labor. Inspection requirements of operating

equipment shall be in accordance with generally accepted practice

and compatible with the actual service condition, such as:

a. previous experience, based on records of inspection,

performance and maintenance,

b. location, with respect to personnel hazard,

c. quality of inspection and operating personnel,

d. provision for related safe operating controls, and

e. interrelation with other operations outside the scope

of the Boiler and Pressure Vessel Safety Act.

Oklahoma Statutes - Title 40. Labor Page 221

Based upon the documentation of such actual service conditions

by the owner or user of the operating equipment, the Commissioner of

Labor may, at his discretion, permit variations in the inspection

requirements.

C. The inspections herein required shall be made by the

Commissioner, chief boiler inspector, deputy inspector or a special

inspector as provided for in the Boiler and Pressure Vessel Safety

Act except that hot water supply heaters may be inspected by state-

licensed boiler operators or state-licensed plumbers or plumbing

contractors. The Commissioner of Labor may designate by rule the

hot water supply heaters, by design type, that are not subject to

inspection.

D. Owner-user inspection of boilers and pressure vessels is

permitted provided the owner-user inspection service is regularly

established and is under the supervision of one or more individuals

whose qualifications are satisfactory to the Commissioner of Labor

and the owner-user causes the pressure vessels to be inspected in

conformance with the National Board Inspection Code or American

Petroleum Institute Pressure Vessel Inspection Code as applicable.

E. If, at the discretion of the inspector, a hydrostatic test

shall be deemed necessary, it shall be made by the owner or user or

his licensed representative and witnessed by an inspector as

authorized by the Boiler and Pressure Vessel Safety Act, before a

certificate of operation is issued.

F. All boilers, other than cast iron sectional boilers, and

pressure vessels to be installed in this state after the twelve-

month period from the date upon which the rules of the Commissioner

become effective, shall be inspected during construction as required

by the applicable rules by an inspector authorized to inspect

boilers and pressure vessels in this state, or if constructed

outside of the state, by an inspector holding a valid commission

issued by the National Board of Boiler and Pressure Vessel

Inspectors.

G. No person, firm or corporation shall in any manner interfere

with the performance of the official duties of any inspector

authorized by the Boiler and Pressure Vessel Safety Act.
Okla. Stat. tit. 40, § 40-182 — OK Code / Title 40 / Section 40-182
Violation of Section 181 a felony
Status: in_force

Any officer, superintendent, foreman, boss, or other person in

authority, who, on behalf of any railroad, corporation, or any other

person, firm or corporation, using steam boilers, violating any of

the provisions of Section 181 of this title, shall be deemed guilty

of a Class D3 felony offense, and shall upon conviction, be punished

by imprisonment as provided for in subsections B through F of

Section 20P of Title 21 of the Oklahoma Statutes.

R.L. 1910, § 3780. Amended by Laws 1997, c. 133, § 455, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 332, eff. July 1, 1999;
Okla. Stat. tit. 40, § 40-178 — OK Code / Title 40 / Section 40-178
Damages for injury
Status: in_force

An employer shall be responsible in damages for personal injury

caused to an employee, who, was himself in the exercise of due care

and diligence at the time he was injured, by reason of any defect in

the condition of the machinery or appliances connected with or used

in the business of the employer which arose, or had not been

discovered or remedied owing to the negligence of the employer, or

of any person entrusted by him with the duty of inspection, repair,

or of seeing that the machinery or appliances were in proper

condition.
Okla. Stat. tit. 40, § 40-1-208.1 — OK Code / Title 40 / Section 40-1-208.1
Motor carrier not employer of lessor or driver
Status: in_force

MOTOR CARRIER NOT EMPLOYER OF LESSOR OR DRIVER.

In no event will a motor carrier be determined to be the

employer of a lessor as defined in Section 166a or 230.29 of Title

47 of the Oklahoma Statutes, or of a driver receiving compensation

from a lessor.
Okla. Stat. tit. 40, § 40-3-706 — OK Code / Title 40 / Section 40-3-706
Benefits that do not apply in the computation of state
Status: in_force

experience factor.

BENEFITS THAT DO NOT APPLY IN THE COMPUTATION OF STATE

EXPERIENCE FACTOR. Benefits paid to former employees of

governmental entities, except for benefits paid to such employees

based upon wages paid by other than governmental entities, shall not

be considered as benefits for the purpose of Section 3-108, nor

shall any wages of governmental entities be used as benefit wages

for the purpose of Section 3-108.
Okla. Stat. tit. 40, § 40-2-719 — OK Code / Title 40 / Section 40-2-719
Commission to make computations
Status: in_force

COMMISSION TO MAKE COMPUTATIONS. Computations required by the

provisions of this part shall be made by the Commission, in

accordance with regulations prescribed by the Secretary of Labor of

the United States.
Okla. Stat. tit. 40, § 40-1-228 — OK Code / Title 40 / Section 40-1-228
Limited liability companies
Status: in_force

LIMITED LIABILITY COMPANIES.

For unemployment tax purposes, wages, salaries, or draws paid to

limited liability company members, relatives of the members, and

employees shall be taxed in the same manner as required by the

Federal Unemployment Tax Act, Title 26 U.S.C., Chapter 23, and the

Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99.
Okla. Stat. tit. 40, § 40-54 — OK Code / Title 40 / Section 40-54
Fees
Status: in_force

(a) The service fee charged for helping to secure permanent

employment shall not exceed the following schedule: Fifteen percent

(15%) of the first full month's gross compensation if the position

pays Seventy-nine Dollars and ninety-nine cents ($79.99) or less;

twenty percent (20%) of the first full month's gross compensation if

the position pays Eighty Dollars ($80.00) through One Hundred

Nineteen Dollars and ninety-nine cents ($119.99); thirty percent

(30%) of the first full month's gross compensation if the position

pays One Hundred Twenty Dollars ($120.00) through One Hundred Forty-

nine Dollars and ninety-nine cents ($149.99); forty percent (40%) of

the first full month's gross compensation if the position pays One

Hundred Fifty Dollars ($150.00) through Two Hundred Seventy-four

Dollars and ninety-nine cents ($274.99); forty-five percent (45%) of

the first full month's gross compensation if the position pays Two

Oklahoma Statutes - Title 40. Labor Page 197

Hundred Seventy-five Dollars ($275.00) through Four Hundred Ninety-

nine Dollars and ninety-nine cents ($499.99). For procuring

employment paying gross compensation of Five Hundred Dollars

($500.00) or more per month, the fee shall be determined by written

agreement between all parties concerned. The fee schedule shall be

posted in a conspicuous place in each employment agency office.

(b) In no event shall the fee for temporary employment exceed

that for permanent placement. Any period of employment terminating

at any time within sixty (60) days from the date of employment shall

constitute temporary employment and a fee of not more than twenty

percent (20%) of the amount earned shall be charged. All employment

exceeding sixty (60) days' duration shall be considered a permanent

placement. No licensed employment agency shall collect a fee before

an applicant has obtained employment. No fee shall be charged for

registering with an employment agency or for instituting a search or

investigation, or for other employment-related aids. Where the

remuneration is in the form of a straight commission, the first

three (3) months' gross earnings shall be divided by three to

establish an average monthly compensation against which to compute

the fee. No finance company or other purchaser of employment

contracts shall be considered a holder in due course of such paper

until after the temporary employment period shall have run and

permanent employment shall have been established, and in no event

shall the applicant for employment be liable for any charge to a

finance company in addition to the legal placement fee as

hereinabove set forth.

(c) This section shall not apply to an employment agency acting

as a search consultant that is retained and compensated solely by

the employer on a retainer or consulting basis.
Okla. Stat. tit. 40, § 40-3-111.1 — OK Code / Title 40 / Section 40-3-111.1
Successor and predecessor employers - Special rules on
Status: in_force

transfer of rates and experience.

SUCCESSOR AND PREDECESSOR EMPLOYERS - SPECIAL RULES ON TRANSFER

OF RATES AND EXPERIENCE.

A. Notwithstanding any other provision of law, the following

shall apply regarding assignments of rates and transfers of

experience:

1. If an employer transfers its trade or business, or a

separate and distinct establishment, or unit thereof, to another

employer or an entity that does not meet the definition of an

employer at the time of the transfer and there is substantially

common ownership, management or control of the two employers or

entities at the time of the transfer, then the experience rating

account attributable to the transferred trade or business shall be

combined with the experience rating account of the employer to whom

such business is so transferred. The employer transferring its

trade or business shall be the predecessor employer and the employer

or entity acquiring the transferred trade or business shall be the

successor employer. The successor employer shall acquire the

experience rating account of the predecessor employer, including the

predecessor's actual tax and benefit experience, annual payrolls and

tax rate. The successor employer shall also become jointly and

severally liable with the predecessor employer for all current or

delinquent taxes, interest, penalties and fees owed to the Oklahoma

Employment Security Commission by the predecessor employer. In the

case of the transfer of a separate and distinct establishment or

unit within the predecessor employer, the successor employer shall

acquire that portion of the items identified above that relate to

the establishment or unit acquired or its pro-rata share; and

2. Whenever a person who is not an employer under the

Employment Security Act of 1980 at the time it acquires the trade or

business of an employer, the experience rating account of the

acquired business shall not be transferred to that person if the

Commission finds that the person acquired the business solely or

primarily for the purpose of obtaining a lower tax rate. Instead,

the person shall be assigned a tax rate under Section 3-110.1 of

this title. In determining whether the business was acquired solely

or primarily for the purpose of obtaining a lower tax rate, the

Oklahoma Statutes - Title 40. Labor Page 123

Commission shall examine objective factors which may include the

cost of acquiring the business, whether the person continued the

business enterprise of the acquired business, how long the business

enterprise was continued, or whether a substantial number of new

employees were hired for performance of duties unrelated to the

business activity conducted prior to acquisition.

B. 1. If a person knowingly violates or attempts to violate

paragraph 1 or 2 of subsection A of this section or any other

provision of the Employment Security Act of 1980 related to

determining the assignment of the tax rate, or if a person knowingly

advises another person in a way that results in a violation of such

provision, the person shall be subject to the following penalties:

a. if the person is an employer, then the employer shall

be assessed a penalty equal to ten percent (10%) of

the actual taxes due in the calendar quarter in which

the employer violated or attempted to violate the

provisions of this section and a penalty equal to ten

percent (10%) of the actual taxes due in each of the

following three (3) calendar quarters. The funds in

payment of this penalty shall be deposited in the

Oklahoma Employment Security Commission Revolving Fund

established under Section 4-901 of this title,

b. if the person is not an employer, the person shall be

subject to a civil money penalty of at least One

Hundred Dollars ($100.00) and not more than Five

Thousand Dollars ($5,000.00) to be determined by the

Assessment Board of the Oklahoma Employment Security

Commission. Any fine shall be deposited in the

Oklahoma Employment Security Commission Revolving Fund

established under Section 4-901 of this title.

2. For purposes of this section, the term "knowingly" means

having actual knowledge of or acting with deliberate ignorance or

reckless disregard for the prohibition involved.

3. For the purposes of this section, the term "violates or

attempts to violate" includes, but is not limited to, intent to

evade, misrepresentation or willful nondisclosure.

4. In addition to the penalty imposed by paragraph 1 of this

subsection, any person who violates the provisions of this section

shall be guilty of a misdemeanor and may be imprisoned for up to one

(1) year.

C. The Commission shall establish procedures to identify the

transfer or acquisition of a business for purposes of this section.

D. For purposes of this section:

1. "Person" has the meaning given such term by 26 U.S.C.,

Section 7701(a)(1); and

2. "Trade or business" shall include the employer's workforce.

Oklahoma Statutes - Title 40. Labor Page 124

E. This section shall be interpreted and applied in such a

manner as to meet the minimum requirements contained in any guidance

or regulations issued by the United States Department of Labor.
Okla. Stat. tit. 40, § 40-3-303 — OK Code / Title 40 / Section 40-3-303
Priorities under legal dissolutions or distributions
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 136

PRIORITIES UNDER LEGAL DISSOLUTIONS OR DISTRIBUTIONS. In the

event of any distribution of an employer's assets pursuant to an

order of any court or under the laws of this state, including any

receivership, assignment for benefit of creditors, adjudicated

insolvency, composition, or similar proceedings, all contributions,

interest, penalties and fees imposed by the provisions of this act

are hereby declared to constitute a lien in favor of the state upon

all franchises, property, and the rights to property, whether real

or personal, then belonging to or thereafter acquired by the person,

firm, corporation, partnership or association owing the

contribution, whether such property is employed by such person,

firm, corporation, partnership or association in the prosecution of

business, or is in the hands of an assignee, trustee, or receiver

for the benefit of creditors, from the date of the filing by the

Commission of a notice of claim of said lien in the office of the

county clerk of the county in which such property is located. Said

lien shall be in addition to any lien accrued by the filing of a tax

warrant as provided in this act. Said lien shall be prior, superior

and paramount to all other liens, or encumbrances of whatsoever kind

or character, attaching to any of said property subsequent to the

filing of such notice of claim of lien, except liens for other

taxes, in which event said lien shall be coequal, and claims for

wages of not more than Two Hundred Fifty Dollars ($250.00) to each

claimant, earned within six (6) months of the commencement of any

proceeding distributing an employer's assets pursuant to an order of

the court under the laws of this state. Said lien shall continue

until the amount of contribution, interest, penalty and fees due and

owing, and interest subsequently accruing thereon, is paid. In the

event of an employer's adjudication in bankruptcy, judicially

confirmed extension proposal, or composition, under the Federal

Bankruptcy Act of 1898, as amended, contributions then or thereafter

due shall be entitled to such priority as is provided in that act

for taxes due any state of the United States.
Okla. Stat. tit. 40, § 40-4-317 — OK Code / Title 40 / Section 40-4-317
Employee recognition program
Status: in_force

EMPLOYEE RECOGNITION PROGRAM.

In order to establish a public employee benefit program to

encourage outstanding performance in the workplace, the Oklahoma

Employment Security Commission is hereby directed to establish an

on-the-job employee performance recognition program which encourages

outstanding job performance and productivity. The Commission is

authorized to expend from monies available to it so much thereof as

may be necessary for the purchase of recognition awards for

presentation to the members of work units or individual employees

with exceptional job performance records or for other significant

contributions to the operation of the Commission. Recognition

awards shall consist of any type of award authorized by the

provisions of Section 4121 of Title 74 of the Oklahoma Statutes.

Oklahoma Statutes - Title 40. Labor Page 168
Okla. Stat. tit. 40, § 40-410 — OK Code / Title 40 / Section 40-410
Administration and enforcement
Status: in_force

A. The Commissioner shall administer and enforce the provisions

of the Oklahoma Occupational Health and Safety Standards Act.

1. It is not intended that the Oklahoma Occupational Health and

Safety Standards Act be an issue or be involved in any labor

dispute, or be used or asserted to advantage in collective

bargaining by employer or employee, or by their respective

representatives.

Oklahoma Statutes - Title 40. Labor Page 282

2. The Commissioner shall cause to be inspected any place of

employment to ensure the presence of a functioning safety and health

program which meets the requirements of Title 40 of the Oklahoma

Statutes and adopted and referenced standards.

B. Subject to the provisions of subsection A of this section,

authorized employees of the Department may enter and inspect places

of employment, including premises and buildings under construction,

demolition or repair, at all reasonable times, in order to

investigate such facts, conditions, practices or matters as deemed

appropriate, and to determine if any person is violating any

provisions of the Oklahoma Occupational Health and Safety Standards

Act or any standard promulgated pursuant to the Oklahoma

Occupational Health and Safety Standards Act.

C. Upon receipt by the Department of a signed complaint of

violation of any of the provisions of the Oklahoma Occupational

Health and Safety Standards Act or of any standard promulgated

pursuant to the Oklahoma Occupational Health and Safety Standards

Act, an authorized employee shall investigate the alleged violation

and inform the complainant of the result of the investigation.

D. If upon inspection or investigation, or whenever the

Commissioner determines a violation of the Oklahoma Occupational

Health and Safety Standards Act or of any standard, rule, or

regulation promulgated pursuant to the provisions of the Oklahoma

Occupational Health and Safety Standards Act has occurred, the

Commissioner shall give written notice to the alleged violator

specifying the cause of the determination. Such notice shall

require that the violations be corrected and specify the terms of

such correction or that the alleged violator appear before the

Commissioner at a time and place specified in the notice and answer

the charges. The notice shall be delivered to the alleged violator

in accordance with the provisions of subsection G of this section.

E. The Commissioner or his designee shall afford the alleged

violator an opportunity for a fair hearing in accordance with the

provisions of subsection H of this section. On the basis of the

evidence produced at the hearing, the Commissioner shall make

findings of fact and conclusions of law and enter an order thereon.

The Commissioner shall give written notice of such order to the

alleged violator and to such other persons as shall have appeared at

the hearing and made written request for notice of the order. The

order of the Commissioner shall become final and binding on all

parties unless appealed to the district court as provided in

Sections 301 through 326 of Title 75 of the Oklahoma Statutes within

thirty (30) days after notice has been sent to the parties.

F. Whenever the Commissioner finds that an emergency exists

requiring immediate action to protect the public health or welfare

pursuant to the provisions of the Oklahoma Occupational Health and

Safety Standards Act, the Commissioner may without notice or hearing

Oklahoma Statutes - Title 40. Labor Page 283

issue an order stating the existence of such an emergency and

requiring that such action be taken as he deems necessary to meet

the emergency. Such order shall be effective immediately. Any

person to whom such an order is directed shall comply with said

order immediately but on application to the Commissioner shall be

afforded a hearing within ten (10) days of receipt of said notice.

On the basis of such hearing, the Commissioner shall continue such

order in effect, revoke it, or modify it. Any person aggrieved by

such order continued after the hearing provided for in this

subsection may appeal to the district court of the county in which

the place of employment is located within thirty (30) days. Such

appeal when docketed shall have priority over all cases pending on

said docket, except criminal cases. If compliance with said

emergency order is not immediately taken, the Commissioner or his

duly authorized employee may also request the district attorney of

Oklahoma County, or the district attorney in any other district

where service can be obtained, to file legal proceedings to enjoin

the acts or practices contained in the emergency order to enforce

immediate compliance with said order.

G. Except as otherwise expressly provided by law, any notice,

order, or other instrument issued by or pursuant to authority of the

Commissioner may be served on any person affected thereby

personally, by publication, or by mailing a copy of the notice,

order, or other instrument by registered mail directed to the person

affected at his last-known post office address as shown by the files

or records of the Commissioner. Proof of service shall be made as

in the case of service of a summons or by publication in a civil

action or may be made by the affidavit of the person who did the

mailing. Such proof of service shall be filed in the office of the

Commissioner.

Every certificate or affidavit of service made and filed as in

this section provided shall be prima facie evidence of the facts

therein stated. A certified copy thereof shall have like force and

effect.

H. The hearings authorized by this section may be conducted by

the Commissioner or the Commissioner may designate hearing officers

who shall have the power and authority to conduct such hearings in

the name of the Commissioner at any time and place. Such hearings

shall be conducted in conformity with and records made thereof as

provided by the provisions of Sections 301 through 326 of Title 75

of the Oklahoma Statutes.

I. The employer to whom a health and safety order is directed

shall notify the Department of his compliance therewith in a manner

specified by the Department.

J. If an employer fails to comply with a health and safety

order issued pursuant to this section, the Commissioner may grant an

Oklahoma Statutes - Title 40. Labor Page 284

additional time for compliance therewith, modify, alter or dismiss

the health and safety order or refer the matter to the Board.
Okla. Stat. tit. 40, § 40-175 — OK Code / Title 40 / Section 40-175
Temporary floorings in steel frame buildings
Status: in_force

If in the erection of an iron or steel framed building, the

spaces between the girders or floor beams of any floor are not

filled or covered by the permanent construction of said floors

before another story is added to the building, a close plank

flooring shall be placed and maintained over such spaces, during the

construction of each story, from the time when the beams or girders

are placed in position; but openings protected by a strong hand

railing not less than four (4) feet high may be left through said

floors for the passage of workmen and material.
Okla. Stat. tit. 40, § 40-3-606 — OK Code / Title 40 / Section 40-3-606
Benefit account
Status: in_force

BENEFIT ACCOUNT. The benefit account shall consist of all

moneys requisitioned from this state's account in the unemployment

trust fund in the United States Treasury. Moneys in the clearing

and benefit account may be deposited in any depository bank in which

general funds of the state may be deposited, but no public deposit

insurance charge or premium shall be paid out of the fund. Moneys

in the clearing and benefit accounts shall not be commingled with

other state funds, but shall be maintained in separate accounts on

the books of the depository bank. Such moneys shall be secured by

said depository bank by collateral in the full amount of funds on

deposit. Such security shall consist of (1) United States

Government obligations, direct or guaranteed, and (2) direct

obligations of the State of Oklahoma. Such collateral security

shall be pledged at not to exceed the face value of the obligation

and shall be kept separate and distinct from any collateral security

pledged to secure other funds of the state. The State Treasurer

Oklahoma Statutes - Title 40. Labor Page 153

shall be liable on his official bond for the faithful performance of

his duties in connection with the unemployment compensation fund.

Such liability on the official bond shall be effective immediately

upon the enactment of this provision, and such liability shall exist

in addition to any liability upon any separate bond existent on the

effective date of this provision, or which may be given in the

future. All sums recovered for losses sustained by the fund shall

be deposited therein.
Okla. Stat. tit. 40, § 40-2-205.1 — OK Code / Title 40 / Section 40-2-205.1
Ability to work and acceptance of employment
Status: in_force

The unemployed individual must be able to perform work duties in

keeping with his or her education, training and experience. He or

she must also be available to seek and accept work at any time and

may not be engaged in any activity that would restrict his or her

seeking or accepting employment.

The fact that an individual is enrolled in school shall not, in

and of itself, render an individual ineligible for unemployment

benefits. Such individual who is involuntarily unemployed and

otherwise eligible for benefits and who offers to quit school,

adjust class hours or change shifts in order to secure employment

shall be entitled to benefits.
Okla. Stat. tit. 40, § 40-2-507 — OK Code / Title 40 / Section 40-2-507
Notice of determinations
Status: in_force

NOTICE OF DETERMINATIONS.

Notice of a determination upon a claim shall be given promptly

to the claimant by delivery thereof or by mailing the notice to the

claimant's last-known address or by electronic means if the claimant

elected this form of notification through procedures set out by

Oklahoma Employment Security Commission rules. Notice of a

determination shall also be given promptly to the last employer of

the claimant, for whom the claimant worked at least fifteen (15)

working days, that objected to the claim in accordance with the

provisions of subsection E of Section 2-503 of this title and to

each other employer who timely filed a written objection to the

claim. If the employer has elected to be notified by electronic

means according to procedures set out in Oklahoma Employment

Security Commission rules, notice shall be deemed to be given when

the Commission transmits the notification by electronic means.
Okla. Stat. tit. 40, § 40-165.1 — OK Code / Title 40 / Section 40-165.1
Definitions
Status: in_force

As used only in Sections 165.1 through 165.11 of this title:

1. "Employer" means every individual, partnership, firm,

association, corporation, the legal representative of a deceased

individual, or the receiver, trustee or successor of an individual,

firm, partnership, association or corporation, employing any person

in this state;

2. "Employee" means any person permitted to work by an

employer;

3. "Exempt employee" means those management level employees

exempt under the provisions of Section 213 of the Fair Labor

Standards Act, as amended, 29 U.S.C. Section 213, from the

provisions of Sections 206 and 207 of said act;

4. "Financial institution" means a bank, savings bank, savings

and loan association or credit union whose deposits are insured by

the Federal Deposit Insurance Corporation, the National Credit Union

Administration, or any successor institution;

5. "Payroll card" means a card or other device used by an

employee to access wages from a payroll card account;

6. "Payroll card account" means a prepaid account that is

directly or indirectly established through an employer and to which

transfers of the employee's wages, salary, or other compensation are

made on a recurring basis;

7. "Wages" means compensation owed by an employer to an

employee for labor or services rendered including salaries,

commissions, holiday and vacation pay, overtime pay, severance or

dismissal pay, bonuses and other similar advantages agreed upon

between the employer and the employee, which are earned and due, or

provided by the employer to his or her employees in an established

policy, whether the amount is determined on a time, task, piece,

commission or other basis of calculation;

8. "Commissioner" means the Commissioner of Labor; and

9. "Bona fide disagreement" means an honest and sincere belief

or assertion based on a dispute of a determinative fact or

application of law under this title which is supported by relevant

evidence.
Okla. Stat. tit. 40, § 40-3-609 — OK Code / Title 40 / Section 40-3-609
Discontinuance of unemployment trust fund
Status: in_force

DISCONTINUANCE OF UNEMPLOYMENT TRUST FUND. The provisions of

this part to the extent that they relate to the unemployment trust

fund in the Treasury of the United States, shall be operative only

so long as such unemployment trust fund continues to exist and so

long as the Secretary of the Treasury of the United States of

Oklahoma Statutes - Title 40. Labor Page 154

America continues to maintain for this state a separate book account

of all funds deposited therein by this state for benefit purposes,

together with this state's proportionate share of the earnings of

such unemployment trust fund, from which no other state is permitted

to make withdrawals.
Okla. Stat. tit. 40, § 40-467 — OK Code / Title 40 / Section 40-467
Liability insurance
Status: in_force

No person shall operate an amusement ride unless at the time

there exists a policy of insurance in an amount of not less than One

Million Dollars ($1,000,000.00) insuring the owner or operator

against liability for injury suffered by persons riding the

amusement ride.
Okla. Stat. tit. 40, § 40-199.2 — OK Code / Title 40 / Section 40-199.2
Acceptance of employment to replace employees involved
Status: in_force

in a strike or lockout prohibited.

It shall be unlawful for any person (excluding persons who are

permanent employees of the employer involved in such strike or

lockout) who has customarily and repeatedly offered himself for

employment in place of employees involved in a strike or lockout to

knowingly take, or offer to take, the place in employment of

employees involved in a strike or lockout.
Okla. Stat. tit. 40, § 40-2-720 — OK Code / Title 40 / Section 40-2-720
Commission to ensure compliance
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 102

COMMISSION TO ENSURE COMPLIANCE. In the administration of the

provisions of this Part which are enacted to conform with the

requirements of the Federal-State Extended Unemployment Compensation

Act of 1970, and the Unemployment Compensation Amendments of 1976,

the Commission shall take such action as may be necessary to ensure

that the provisions are so interpreted and applied so as to meet the

requirements of such federal act as interpreted by the Department of

Labor of the United States, and to secure to this state the full

reimbursement of the federal share of extended benefits paid under

this act that are reimbursable under the federal act.
Okla. Stat. tit. 40, § 40-464 — OK Code / Title 40 / Section 40-464
Notice of erection of ride or additions or alterations
Status: in_force

Before a new amusement ride is erected, or whenever any

additions or alterations are made which change the structure,

mechanism, classification or capacity of any amusement ride, the

operator or owner shall file with the Commissioner of Labor a notice

of his intention and any plans or diagrams requested by the

Commissioner of Labor.
Okla. Stat. tit. 40, § 40-165.5 — OK Code / Title 40 / Section 40-165.5
Private agreements
Status: in_force

Except as hereinafter provided under Section 10, no provision of

this act shall in any way be contravened or set aside by private

agreement.
Okla. Stat. tit. 40, § 40-1-202A — OK Code / Title 40 / Section 40-1-202A
Renumbered as § 1-202.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-160 — OK Code / Title 40 / Section 40-160
Mandated minimum wage - Minimum number of vacation or sick
Status: in_force

leave days.

As a matter of public policy and due to an overriding state

interest, the Legislature hereby occupies and preempts the entire

field of legislation in this state touching in any way mandated

minimum wage and employee benefits regarding mandatory minimum

number of vacation or sick leave days. Notwithstanding any

exemption from state statutes previously allowed for certain

municipalities pursuant to Section 1-101 of Title 11 of the Oklahoma

Statutes, no municipality or other political subdivision of this

state shall establish a mandatory minimum number of vacation or sick

leave days, whether paid or unpaid, or a minimum wage rate which an

employer would be required to pay or grant employees. Any existing

or future ordinances, orders or regulations in this field, except as

may be specifically provided in this section, are null and void.

The provisions of this section shall not affect the minimum

number of vacation or sick leave days, whether paid or unpaid,

authorized by a municipality for its employees as a benefit of

employment.
Okla. Stat. tit. 40, § 40-2-301 — OK Code / Title 40 / Section 40-2-301
Waiver void
Status: in_force

WAIVER VOID. Any agreement by an individual to waive, release,

or commute his rights to benefits or any other rights under this act

shall be void. Any agreement by any individual in the employ of any

person or employing unit to pay all or any portion of an employer's

contributions, required under this act from such employer, shall be

void. No employer shall directly or indirectly make or require or

accept any deduction from wages to finance the employer's

contributions required from him or require or accept any waiver of

any right hereunder by any individual in his employ, discriminate in

regard to the hiring or tenure of work on any term or condition of

work of any individual on account of his claiming benefits under

this act, or in any manner obstruct or impede the filing of claims

for benefits. Any employer or officer or agent of an employer who

violates any provision of this section shall, for each offense, be

fined not less than One Hundred Dollars ($100.00) nor more than One

Thousand Dollars ($1,000.00) or be imprisoned for not more than six

(6) months, or both such fine and imprisonment.
Okla. Stat. tit. 40, § 40-141.10 — OK Code / Title 40 / Section 40-141.10
Examination of inspectors
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 219

A. The examination for chief boiler inspector, deputy

inspectors, special inspectors or owner-user inspectors, except

those owner-user inspectors within the scope of the American

Petroleum Institute Pressure Vessel Inspection Code, shall be

written and shall be held in accordance with the constitution and

bylaws of the National Board of Boiler and Pressure Vessel

Inspectors.

B. A written examination for owner-user inspectors within the

scope of the American Petroleum Institute Pressure Vessel Inspection

Code shall be administered by the Department of Labor based upon the

content of the American Petroleum Institute Pressure Vessel

Inspection Code and the American Society of Mechanical Engineers

Boiler and Pressure Vessel Codes pertaining to pressure vessels.
Okla. Stat. tit. 40, § 40-142.6 — OK Code / Title 40 / Section 40-142.6
Committee of Alternative Fuels Technician Examiners -
Status: in_force

Members - Terms - Vacancies - Duties - Expenses - Quorum.

A. There is hereby established the Committee of Alternative

Fuels Technician Examiners which shall consist of eight (8) members.

All members of the Committee shall be residents of this state.

B. Five voting members of the Committee shall be appointed by

the Commissioner of Labor as follows:

1. Three members shall be alternative fuels technicians

selected from a list of names submitted by the State Board of Career

and Technology Education, with at least one member being an

alternative fuels equipment technician and at least one member being

an alternative fuels compression technician;

2. One member shall be a person involved in compressed natural

gas technology in an oil and/or gas industry; and

3. One member shall be a person involved in liquefied petroleum

gas technology in an oil and/or gas industry.

C. Two additional voting members shall be appointed by the

Commissioner of Labor, one of whom shall be an electric vehicle

technician, and one of whom shall be a person involved in

manufacturing, conversion, or research in the electric vehicle

industry.

D. All members shall each have at least two (2) years of active

experience in alternative fuels technology. The terms of the voting

members initially appointed to the Committee shall be staggered as

follows:

1. One alternative fuels technician shall be appointed for a

term of two (2) years;

2. One alternative fuels technician shall be appointed for a

term of three (3) years;

3. One alternative fuels technician shall be appointed for a

term of four (4) years;

4. One person involved in compressed natural gas technology in

an oil and/or gas industry shall be appointed for a term of three

(3) years;

5. One person involved in liquefied petroleum gas technology in

an oil and/or gas industry shall be appointed for a term of four (4)

years;

6. One electric vehicle technician shall be appointed for a

term of two (2) years; and

Oklahoma Statutes - Title 40. Labor Page 231

7. One person involved in manufacturing, conversion, or

research in the electric vehicle industry shall be appointed for a

term of three (3) years.

Thereafter, each voting member of the Committee shall be

appointed for a term of five (5) years, or until their successors

are appointed and qualified.

The nonvoting member shall be designated by the Commissioner of

Labor to serve as Recording Secretary to the Committee.

E. Vacancies which may occur in the membership of the Committee

shall be filled by appointment of the Commissioner of Labor. Each

person who has been appointed to fill a vacancy shall serve for the

remainder of the term for which the member such person succeeds was

appointed and until a successor has been appointed and has

qualified. Members of the Committee may be removed from office by

the Commissioner of Labor for cause in the manner provided by law

for the removal of officers not subject to impeachment.

F. The Committee shall assist and advise the Commissioner of

Labor on all matters relating to the formulation of rules and

standards in accordance with the Alternative Fuels Technician

Certification Act. The Commissioner of Labor or designee shall

administer the examinations of applicants for certification as

alternative fuels equipment technicians, alternative fuels

compression technicians, and electric vehicle technicians provided

that such examinations shall be in accordance with the provisions of

the Alternative Fuels Technician Certification Act.

G. All members of the Committee shall be reimbursed for

expenses incurred while in the performance of their duties in

accordance with the State Travel Reimbursement Act.

H. A majority of the total membership of the Committee shall

constitute a quorum for the transaction of business.
Okla. Stat. tit. 40, § 40-3-803 — OK Code / Title 40 / Section 40-3-803
Election to make payments in lieu of contributions
Status: in_force

ELECTION TO MAKE PAYMENTS IN LIEU OF CONTRIBUTIONS. A nonprofit

organization may elect, in accordance with this section, in lieu of

contributions, to pay to the Commission for the unemployment

compensation fund an amount equal to the amount of regular benefits

and of one-half (1/2) of the extended benefits paid in accordance

with this act that is attributable to service in the employ of such

nonprofit organization for weeks of unemployment which begin during

the effective period of such election, regardless of reason for

separation.
Okla. Stat. tit. 40, § 40-142.14 — OK Code / Title 40 / Section 40-142.14
Alternative Fuels Technician Certification Revolving
Status: in_force

Fund – Alternative Fuels Inspection Fees and Fines Revolving Fund.

A. All monies received by the Department of Labor under the

Alternative Fuels Technician Certification Act and derived from

Alternative Fuels Technician certification fees and related

enforcement actions and fines shall be deposited with the State

Treasurer and credited to the "Alternative Fuels Technician

Certification Revolving Fund". The revolving fund shall be a

continuing fund not subject to fiscal year limitations and shall be

under the control and management of the Department of Labor.

Expenditures from this fund shall be made pursuant to the purposes

of the Alternative Fuels Technician Certification Act and shall

include, but not be limited to, payment of operating costs, costs of

programs designed to promote public awareness of the alternative

fuels industry, expenditures for the preparation and printing of

regulations, bulletins or other documents and the furnishing of

copies of the documents to those persons engaged in the alternative

fuels industry or the public, and expenses the Department of Labor

incurs to support program operations. Warrants for expenditures

shall be drawn by the State Treasurer based on claims signed and

approved for payment by the Director of the Office of Management and

Enterprise Services.

B. All monies received by the Department of Labor under the

Alternative Fuels Technician Certification Act and derived from the

inspection of alternative fuel fill stations and related enforcement

actions shall be deposited with the State Treasurer and credited to

the "Alternative Fuels Inspection Fees and Fines Revolving Fund".

Oklahoma Statutes - Title 40. Labor Page 241

The revolving fund shall be a continuing fund not subject to fiscal

year limitations and shall be under the control and management of

the Department of Labor. Expenditures from the fund shall be made

pursuant to the purposes of the Alternative Fuel Fill Station

Inspection and Licensing Program under the Alternative Fuels

Technician Certification Act and shall include, but not be limited

to, payment of administrative costs and other operational costs

supporting the program, payment of costs designed to promote public

awareness of the alternative fuels industry, expenditures for the

preparation and printing of regulations, bulletins or other

documents and the furnishing of copies of the documents to those

persons engaged in the alternative fuels industry or the public.

Warrants for expenditures shall be drawn by the State Treasurer

based on claims signed and approved for payment by the Director of

the Office of Management and Enterprise Services.
Okla. Stat. tit. 40, § 40-4-109 — OK Code / Title 40 / Section 40-4-109
Service of process
Status: in_force

SERVICE OF PROCESS.

If the Oklahoma Employment Security Commission is sued, or if

its officers or employees are sued in their official capacities, the

service of all legal process pursuant to Section 2004 of Title 12 of

the Oklahoma Statutes and of all extrajudicial notices which may be

required in writing shall be made on the Executive Director at the

official office of the Commission as set out in Administrative Rule

240:1-1-5. This section shall not apply to appeals brought under

Article 2, Part 6 and Article 3, Part 4 of the Employment Security

Act of 1980. Service of process in Article 2, Part 6 and Article 3,

Part 4, shall be made pursuant to the procedures set out by the

statutes in those parts and the administrative rules implementing

those statutes. This section shall not be construed to waive any

Oklahoma Statutes - Title 40. Labor Page 163

immunity created by constitution or statute that applies to the

Oklahoma Employment Security Commission, its officers or employees

or this state.
Okla. Stat. tit. 40, § 40-6-202 — OK Code / Title 40 / Section 40-6-202
Expenditures from fund
Status: in_force

EXPENDITURES FROM FUND.

A. The monies in the OESC Technology Fund shall be used for the

following purposes:

1. To purchase or lease new technology systems hardware for the

Oklahoma Employment Security Commission to be used in its mission to

provide employment services, unemployment insurance and economic

research for the citizens of this state as well as the

administration of these programs;

2. To purchase or lease any auxiliary or peripheral equipment

necessary for the operation of the new technology systems;

3. To pay for the maintenance of all OESC technology system

hardware;

4. To purchase or lease any and all software needed for the

operation of the new technology systems;

5. To pay for all OESC technology system software license fees;

6. To pay for all programming and analysis necessary to make

the new technology system operational;

7. To pay for all testing, designing, engineering, planning,

networking and training to make the new technology system

operational;

8. To pay for all shipping and installation charges for the

technology system and its auxiliary and peripheral equipment;

9. To contract with vendors and hire personnel as necessary to

accomplish the modernization effort;

10. To analyze business processes and develop requirements for

Requests for Proposals;

Oklahoma Statutes - Title 40. Labor Page 191

11. To fund project planning, project management, strategy

development and project consulting services; and

12. To make refunds of money erroneously collected and

deposited in the OESC Technology Fund.

B. Prior to expenditures authorized by paragraphs 1, 4, 6, 7,

9, 10 and 11 of subsection A of this section, the Chief Information

Officer of the Office of Management and Enterprise Services shall be

consulted for recommendations. The Office of Management and

Enterprise Services shall provide periodic oversight of the

technology modernization efforts and may assist the Oklahoma

Employment Security Commission in any manner necessary to accomplish

the purposes of this fund, including requiring the Oklahoma

Employment Security Commission to provide regular reports to the

Office of Management and Enterprise Services on the technology

modernization efforts.
Okla. Stat. tit. 40, § 40-2-802 — OK Code / Title 40 / Section 40-2-802
Reports by employers to Employment Security Commission -
Status: in_force

New hire registry.

REPORTS BY EMPLOYERS TO EMPLOYMENT SECURITY COMMISSION – NEW

HIRE REGISTRY.

A. Employers doing business in the State of Oklahoma shall

report to the Oklahoma Employment Security Commission, the hiring or

employment of any person who resides or works in this state to whom

the employer anticipates paying earnings.

B. Such report shall contain the employee's name, address,

social security number, date of employment, state of employment,

along with the employer's name, address, and federal identification

number.

C. The report must be made within twenty (20) days of hiring,

or twice monthly, not less than twelve (12) nor more than sixteen

(16) days apart if reported electronically or magnetically. The

report may be made by mailing a copy of the employee's W-4 form, by

submitting a fax transmission of the employee's W-4 form, by

submitting electronic media in a format that can be used by the

Commission, or by any other means authorized by the Commission.

D. The Child Support Enforcement Division shall be the official

New Hire Registry for the State of Oklahoma and will obtain the new

hire information from the Oklahoma Employment Security Commission.

E. The Child Support Enforcement Division shall enter into

agreements with state agencies administering unemployment,

employment services, workforce system programs, workers'

compensation, public assistance, Medicaid, food stamps, vocational

rehabilitation, and other programs specified by federal law or

regulation, to provide such information upon request.

F. Used in this section:

1. "Employee" means an individual who is an employee as defined

by the Internal Revenue Code of 1986, 26 U.S.C., Section 3401 et

seq. "Employee" does not mean an employee of a federal or state

agency performing intelligence or counterintelligence functions if

the head of such agency has determined that reporting with respect

Oklahoma Statutes - Title 40. Labor Page 105

to that employee could endanger the safety of the employee or

compromise an ongoing investigation or intelligence mission;

2. "Employer" means an individual or other entity who is an

employer as defined by the Internal Revenue Code of 1986, 26 U.S.C.,

Section 3401(d) and includes any governmental entity and any labor

organization; and

3. "Labor organization" means an entity as defined by the

National Labor Relations Act, 29 U.S.C., Section 152(5) including,

but not limited to, any entity known as a "hiring hall" which is

used by the organization and an employer to carry out requirements

described in Section 8(f)(3) of the National Labor Relations Act, 29

U.S.C., Section 158(f)(3), of an agreement between the organization

and the employer.
Okla. Stat. tit. 40, § 40-2-416 — OK Code / Title 40 / Section 40-2-416
Prohibition against disqualification of individuals taking approved training under Trade
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 3taking approved training under Trade Act.

PROHIBITION AGAINST DISQUALIFICATION OF INDIVIDUALS TAKING

APPROVED TRAINING UNDER TRADE ACT.

No individual shall be denied benefits for any week because such

individual is in training approved under 19 U.S.C., Section 2296

(a)(1) of the Trade Act of 1974. An individual shall not be denied

benefits by reason of leaving work to begin or continue such

training, provided the work left is not suitable employment, or

Oklahoma Statutes - Title 40. Labor Page 71

because of the application, to any such week in training, of the

provisions of the Employment Security Act of 1980 or any applicable

federal unemployment compensation law, relating to availability for

work, active search for work, or refusal to accept work. For

purposes of this section, the term "suitable employment" means with

respect to an individual, work of a substantially equal or higher

skill level than the adversely affected past employment of the

individual, as defined for purposes of the Trade Act of 1974, and

wages for such work at not less than eighty percent (80%) of the

average weekly wage of the individual as determined for the purposes

of the Trade Act of 1974.
Okla. Stat. tit. 40, § 40-4-319 — OK Code / Title 40 / Section 40-4-319
Recognition programs
Status: in_force

In order to encourage the improvement and modernization of

employment, training, and placement services for veterans, and to

recognize local offices, divisions, or units of the Oklahoma

Employment Security Commission for excellence in the provision of

services to veterans, or for having made demonstrable improvements

in the provision of services to veterans, the Veterans Services

Division of the Oklahoma Employment Security Commission is directed

to establish a recognition program for these entities. The Oklahoma

Employment Security Commission is hereby authorized to award funds

to a local office, division, or unit meeting criteria established by

the Veterans Services Division of the Oklahoma Employment Security

Commission, provided funds exist from United States Department of

Labor grants for the payment of the awards. The funds awarded under

this section shall be held by the Finance and Administrative

Services Division on behalf of the local office, division, or unit,

and can be utilized to purchase supplies, equipment, furniture, or

other goods that would assist the employees of the local office,

division, or unit. The money shall be drawn using purchase orders

Oklahoma Statutes - Title 40. Labor Page 169

through the normal requisition system at the discretion of the

supervisor of the local office, division, or unit.
Okla. Stat. tit. 40, § 40-2-418 — OK Code / Title 40 / Section 40-2-418
Seek and accept work - Indefinite disqualification
Status: in_force

SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION.

A. An individual shall be disqualified to receive benefits for

the full period of unemployment next ensuing after the individual

shall have failed to do any of the following:

1. Accept an offer of suitable work, as defined by Sections 2-

408 and 2-409 of this title, from an employer including any former

employer;

Oklahoma Statutes - Title 40. Labor Page 72

2. Apply for or accept suitable work, as defined by Sections 2-

408 and 2-409 of this title, when so directed by the Oklahoma

Employment Security Commission; or

3. Accept employment pursuant to a hiring hall agreement when

so offered.

Such disqualification shall continue until the individual has become

reemployed and has earned wages equal to or in excess of ten times

his or her weekly benefit amount.

B. An employer who provides evidence of an offer of suitable

work pursuant to paragraph 1 of subsection A of this section shall

be proof of the failure of the individual to meet this requirement,

and shall result in the immediate cessation of benefits until a

determination can be made by the Commission. The Commission shall

conduct a timely investigation of any such claim and verify the

offer of suitable work.

C. Any individual who shall have failed in any of the

requirements of this section due to illness, death of a family

member, or other extenuating circumstance beyond his or her control

shall be disqualified for regular benefits under this section only

for the week of the occurrence of such circumstance beyond his or

her control.

D. The Commission shall maintain or work with another public

entity to maintain access to a skills test and an online jobs system

that allows employers in this state to post job openings, to include

job description, necessary qualifications, expected hours of work,

and estimated compensation package for each job. The Commission may

require each claimant for benefits to take a skills test and create

an account and resume in the online jobs system. An individual

shall be disqualified to receive benefits for the full period of

unemployment for failing to meet any skills requirements set forth

by the Commission.

E. An individual shall be disqualified to receive benefits for

the full period of unemployment next ensuing after the individual

shall have failed to do any of the following:

1. Diligently search for suitable employment at a pay rate

generally available in that area of the state in keeping with his or

her prior experience, education and training;

2. Make the minimum number of applications for work as required

by the Commission with employers who could reasonably be expected to

have work available; or

3. Present oneself as an applicant for employment in a manner

designed to encourage favorable employment consideration.
Okla. Stat. tit. 40, § 40-3-309 — OK Code / Title 40 / Section 40-3-309
Collection of delinquent contributions, penalties,
Status: in_force

interest or fees.

COLLECTION OF DELINQUENT CONTRIBUTIONS, PENALTIES, INTEREST OR

FEES.

When a determination that an employer owes delinquent

contributions, penalties, interest or fees becomes final, the

Oklahoma Employment Security Commission shall be entitled to proceed

by levy to collect any delinquent contribution and to collect any

penalty, interest or fees due and owing as a result of the

delinquency. Provided, that upon proper application under the

procedures outlined herein, the Assessment Board of the Oklahoma

Employment Security Commission may issue an order continuing or

modifying the levy for the collection of delinquent contributions,

penalties, interest or fees.
Okla. Stat. tit. 40, § 40-3-503 — OK Code / Title 40 / Section 40-3-503
Filed warrant is lien
Status: in_force

FILED WARRANT IS LIEN. The filing of said warrant in the office

of the county clerk of said county shall constitute and be evidence

and notice of the state's lien upon the title to any interest in any

real or personal property of the delinquent employer against whom

such warrant is issued. Such lien shall be in addition to any and

all other liens existing in favor of the state to secure the payment

of such unpaid contribution, interest, penalty, fees and costs, and

such lien shall be paramount and superior to all other liens of

whatsoever kind or character, attaching to any of said property

subsequent to the date of such recording and shall be in addition to

any other lien provided for in this act. This lien on personal

property shall be permanent and continuing without any requirement

for executions under Section 735 of Title 12 of the Oklahoma

Statutes or any other similar statute. This lien on personal

property of the State of Oklahoma shall continue until the amount of

the tax, contribution, penalty, interest and fees are paid. This

lien shall continue on real property until released by payment or

for a maximum of ten (10) years after the date of its filing.
Okla. Stat. tit. 40, § 40-2-205A — OK Code / Title 40 / Section 40-2-205A
Renumbered as § 2-205.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-185 — OK Code / Title 40 / Section 40-185
Leave of absence to railroad employees
Status: in_force

From and after the effective date of this act, all railroad

companies operating in the State of Oklahoma are hereby required to

grant leave of absence to their employees who desire to run for or

seek public office, or who are required to serve in any government

position, military or civil, or who have been elected or appointed

to public office, or who are required to serve jury duty in the

courts of this state. During such leave of absence such employee

shall retain and accumulate seniority, and at the termination of

such service shall be reinstated with full seniority, and without an

interrupted service record, or without any rights or privileges

denied him. Provided, however, that at the end of the period of his

leave of absence granted hereunder, said employee shall report for

duty within fifteen (15) days thereafter.
Okla. Stat. tit. 40, § 40-165.7 — OK Code / Title 40 / Section 40-165.7
Enforcement and administration - Administrative
Status: in_force

proceedings - Orders - Appeals - Actions.

Oklahoma Statutes - Title 40. Labor Page 248

A. The Commissioner of Labor shall enforce and administer the

provisions of this act and in any case where a civil action may be

brought for the collection of a wage claim, the Commissioner of

Labor may provide for an administrative proceeding to determine the

validity and enforce collection of the claim. The administrative

proceeding shall be conducted according to the Administrative

Procedures Act.

B. In any case when the Commissioner has received a wage

complaint, the Commissioner may seek collection of such claim

through administrative proceedings in a manner provided in this

section. The Commissioner may join in a single administrative

proceeding any number of wage claims against the same employer. The

Commissioner shall serve upon the employer an order of determination

directing the employer to pay to the Commissioner the amount of the

wage claim and any penalty amounts. Service shall be made by

regular mail to the employer's last-known address. The order of

determination shall include:

1. A reference to the particular sections of the statutes or

rules involved;

2. A short and concise statement of the basis for the amounts

determined to be owed to each wage claimant;

3. A statement that the employer within twenty (20) days after

receipt of the order of determination must pay in full the wage

claim and any penalties assessed on appeal to district court; and

4. A statement that unless a written request for

reconsideration is received by the Commissioner or the order is

appealed to district court within the time specified, the order of

determination shall become final.

C. Upon failure of the employer to pay the amount specified in

the order of determination or to request reconsideration or appeal

to district court, the order of determination shall become final.

D. A hearing shall be held in accordance with the applicable

provisions of the Administrative Procedures Act by the Commissioner

or the Commissioner's designee. The Commissioner shall adopt rules

for such hearing. In any hearing before the Commissioner's

designee, the designee is authorized to issue the final order in the

case.

E. Final administrative orders issued in a wage claim

proceeding are subject to appeal pursuant to the Administrative

Procedures Act.

F. When an order under this section becomes final by operation

of law or an appeal, and the amount due is not paid within twenty

(20) days after the order becomes final, the order may be recorded

with the county clerk in any county of this state. The clerk shall

thereupon record the name of the person incurring the penalty and

the amount of the penalty in the county clerk's lien record. The

order may be collected as any other money judgment.

Oklahoma Statutes - Title 40. Labor Page 249

G. The remedies provided by Sections 165.1 through 165.11 of

this title shall be additional to and not in substitution for and in

no manner impair other remedies. Additionally, one or more

individuals who are aggrieved by violation of any provision of

Sections 165.1 through 165.11 of this title shall be entitled to

bring an action in his or their own name to enforce the provisions

of such sections.
Okla. Stat. tit. 40, § 40-1-224 — OK Code / Title 40 / Section 40-1-224
File
Status: in_force

FILE.

A. For purposes of this section, "OESC 2020-21 business process

transformation" means a change from paper process to integrated

digital technology. Upon completion of the OESC 2020-21 business

process transformation, electronic e-filing will be the Commission's

preferred filing method for tendering and receiving documents. All

claimants and employers tendering documents to the Commission will

be expected to tender the documents electronically. If the claimant

or employer has elected to utilize other means of transmittal, it

will be the responsibility of the claimant or employer to notify the

Commission of this preference.

B. When the provisions of the Employment Security Act of 1980

or the rules promulgated under the authority of the act require any

document to be filed with the Oklahoma Employment Security

Commission or its affiliate entities, the term "file", "files", or

"filed" shall mean:

1. Mailing by means calculated to ensure receipt by the

Oklahoma Employment Security Commission on or before the date due.

Timely mailing shall be determined by the United States Postal

Service postmark. If there is no such legible postmark, the date of

receipt by the Commission shall constitute the date of filing;

2. Electronic e-filing to the Oklahoma Employment Security

Commission, as directed by the instructions on the determination

letter, order or other document issued by the Commission, by

midnight on or before the date due. Timely transmission shall be

determined by the Commission's transmission log file; or

3. Digital portal filing by midnight on or before the date due.

Timely transmission shall be determined by the Commission's

transmission log file.

Oklahoma Statutes - Title 40. Labor Page 45

C. If the Employment Security Act of 1980 or the rules

promulgated under the Employment Security Act of 1980 require that a

document be filed with a court or any other agency of this state,

the term "file", "files" or "filed" shall be defined by the

statutes, rules or practice governing that court or agency.
Okla. Stat. tit. 40, § 40-174 — OK Code / Title 40 / Section 40-174
Scaffolding, etc., to be safeguarded
Status: in_force

All scaffolds, hoists, cranes, stays, ladders, supports, or

other mechanical contrivances erected or constructed by any person,

firm or corporation in the state, for use in the erection,

repairing, alteration, removal, or painting of any house, building,

bridge, viaduct, steel tank, standpipe, or other structure, shall be

erected and constructed in a safe, suitable, and proper manner, and

shall be so erected and constructed, placed and operated as to give

proper and adequate protection to life and limb of any person or

persons employed or engaged thereon, or passing under or by the

same, and in such manner as to prevent the falling of any material

that may be used or deposited thereon. Scaffolding or staging swung

or suspended from an overhead support more than twenty (20) feet

from the ground or floor, shall have, where practicable, a safety

rail properly secured and braced, rising at least thirty-four (34)

inches above the floor or main portion of such scaffolding or

staging and extending along the entire length of the outside and

ends thereto and such scaffolding or staging shall be so fastened as

to prevent the same from swaying from the building or structure.

Oklahoma Statutes - Title 40. Labor Page 257
Okla. Stat. tit. 40, § 40-2-420 — OK Code / Title 40 / Section 40-2-420
Failure to personally appear as directed
Status: in_force

FAILURE TO PERSONALLY APPEAR AS DIRECTED.

The Oklahoma Employment Security Commission may require the

individual to personally appear at a location for a purpose relevant

to the individual's unemployment claim, job search, or reemployment

services. If the individual fails to appear, the individual's claim

for unemployment benefits will be disqualified indefinitely by the

Commission until the individual makes a personal appearance as

directed. An individual who has been disqualified indefinitely by

the provisions of this section shall be disqualified for all weeks

between the initial failure and the compliance with this section.
Okla. Stat. tit. 40, § 40-402 — OK Code / Title 40 / Section 40-402
Occupational health and safety - Definitions
Status: in_force

As used in the Oklahoma Occupational Health and Safety Standards

Act:

1. "Employer" means the state and all its political

subdivisions which has in its employ one or more individuals

performing services for it in employment; and

2. "Employee" means a person permitted to work by an employer

in employment; and

3. "Place of employment" means the plant or premises in or

about which an employee is permitted to work; and

4. "Department" means the Oklahoma Department of Labor; and

5. "Commissioner" means the Commissioner of Labor; and

6. "Division" means the Health and Safety Education and

Training Division; and

7. "Standard" has the same meaning as, and includes, the words

"regulation", "code", and "rule"; and

8. "National consensus standards" means any occupational safety

or health standard adopted under a consensus method by a nationally

recognized standards-producing organization; and

Oklahoma Statutes - Title 40. Labor Page 279

9. "Employment" includes all services for pay pursuant to a

contract of hire except service in agricultural employment.
Okla. Stat. tit. 40, § 40-1-106 — OK Code / Title 40 / Section 40-1-106
Section captions
Status: in_force

SECTION CAPTIONS. Section captions are parts of this act.
Okla. Stat. tit. 40, § 40-88 — OK Code / Title 40 / Section 40-88
Penalties for violating this chapter
Status: in_force

Any person who is in willful violation of any of the provisions

of Section 71 et seq. of this title shall, upon conviction, be

guilty of a misdemeanor and, for each offense, shall be subject to a

fine of not more than Five Hundred Dollars ($500.00), or

imprisonment for not less than ten (10) nor more than thirty (30)

days, or both such fine and imprisonment.
Okla. Stat. tit. 40, § 40-1-225 — OK Code / Title 40 / Section 40-1-225
Supplemental unemployment benefit plan
Status: in_force

SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN.

A. A supplemental unemployment benefit plan for a temporary

layoff must meet the following requirements:

1. The plan shall provide for a payment from the employer to

the employee each week during the temporary layoff to supplement

unemployment benefits received by the employee;

2. The plan must be part of an agreement entered into between

the employer and employee, or between the employer and a collective

bargaining agent on behalf of the employee, before the date the

layoff is effective;

3. The employer must be able to give a reasonable assurance

that the separated employees will be able to return to work at the

end of the temporary layoff;

4. The employer must inform the Commission of the beginning and

ending dates of the layoff and keep the Commission informed of any

changes in circumstances while any claims for unemployment benefits

are in existence; and

5. The plan must provide for equal treatment of all employees

covered by the plan who are included in the layoff.

The requirements of Sections 2-417 and 2-418 of this title shall be

waived for any claimant of unemployment benefits who is receiving

supplemental benefits under this subsection.

B. A supplemental unemployment benefit plan for a permanent

layoff must meet the following requirements:

1. The plan shall provide for a payment from the employer to

the former employee during each week unemployment benefits are paid

to the former employee, in order to supplement the unemployment

benefits received by the former employee;

2. The plan must be part of an agreement entered into between

the employer and former employee, or between the employer and a

collective bargaining agent on behalf of the former employee, before

the date the layoff is effective; and

3. The plan must provide for equal treatment of all former

employees covered by the plan who are included in the layoff.

Oklahoma Statutes - Title 40. Labor Page 46

The requirements of Sections 2-417 and 2-418 of this title shall

be applicable to any claimant of unemployment benefits who is

receiving supplemental benefits under this subsection.

C. The amount of supplemental unemployment benefit plan

payments will not be deducted from the weekly benefit amount of an

unemployment benefit claim.

D. All supplemental unemployment benefit plans must be approved

by the Director of the Unemployment Insurance Division of the

Oklahoma Employment Security Commission. The Director's

determination will be in writing and mailed to the employer and the

collective bargaining agent of the employees, if any exists, at

their last-known addresses, within twenty (20) days of the receipt

of the employer's plan. If an employer or collective bargaining

agent disagrees with the determination, an appeal can be taken

pursuant to Section 3-115 of this title.
Okla. Stat. tit. 40, § 40-2-410 — OK Code / Title 40 / Section 40-2-410
Participation in labor disputes
Status: in_force

PARTICIPATION IN LABOR DISPUTES. (1) An individual shall be

disqualified to receive benefits for any week with respect to which

the Commission finds that his unemployment is due to a stoppage of

work which exists at the factory, establishment or other premises at

which he is or was last employed, because of a labor dispute.

(2) This section shall not apply if it is shown that:

(a) He is not participating in or directly interested in

the labor dispute which caused the stoppage of work;

(b) He does not belong to a grade or class of workers of

which, immediately before the commencement of the

Oklahoma Statutes - Title 40. Labor Page 69

stoppage, there were members employed at the premises

at which the stoppage occurs, any of whom are

participating in or directly interested in the

dispute; or

(c) The employer has locked out his employees.

(3) Provided, that if in any case separate branches of work

which are commonly conducted as separate businesses in separate

premises are conducted in separate departments of the same premises,

each such department shall, for the purpose of this section, be

deemed to be a separate factory, establishment or other premises.
Okla. Stat. tit. 40, § 40-4-505 — OK Code / Title 40 / Section 40-4-505
Refusal to obey Commission subpoenas - Judicial orders
Status: in_force

REFUSAL TO OBEY COMMISSION SUBPOENAS - JUDICIAL ORDERS. In case

of contumacy by, or refusal to obey a subpoena issued to, any

person, any court of this state within the jurisdiction of which the

inquiry is carried on or within the jurisdiction of which said

person guilty of contumacy or refusal to obey is found or resides or

transacts business, upon application by the Commission, the Board of

Review, the chairman of an appeal tribunal, or any duly authorized

representative of any of them shall have jurisdiction to issue to

such person an order requiring such person to appear before the

Commission, the Board of Review, the chairman of an appeal tribunal

or any duly authorized representative of any of them, there to

produce evidence if so ordered or there to give testimony touching

the matter under investigation or in question. Any failure to obey

such order of the court may be punished by said court as a contempt

thereof.
Okla. Stat. tit. 40, § 40-6-204 — OK Code / Title 40 / Section 40-6-204
Technology reinvestment apportionment
Status: in_force

TECHNOLOGY REINVESTMENT APPORTIONMENT.

A. 1. For the period beginning January 1, 2023, and ending

December 31, 2027, each employer subject to the provisions of

Sections 3-109, 3-110.1 and 3-113 of this title shall be required to

pay an OESC Technology Reinvestment Apportionment equal to five

percent (5%) of the unemployment taxes that would be owed to the

Oklahoma Employment Security Commission before any rate reduction is

made pursuant to Section 3-109.3 of this title. This apportionment

Oklahoma Statutes - Title 40. Labor Page 192

shall be in addition to any contribution which that employer is

required to make pursuant to the provisions of the Employment

Security Act of 1980.

2. The apportionment provided for in this section shall not be

considered part of any unemployment taxes required of an individual

employer pursuant to the Employment Security Act of 1980, nor shall

it be considered for purposes of determining the individual

employer's tax rate.

B. Employers assigned a tax rate pursuant to Section 3-110.1 of

this title shall pay an OESC Technology Reinvestment Apportionment

equal to the rate reduction granted them pursuant to Section 3-109.3

of this title.

C. Employers making payments in lieu of contributions pursuant

to Sections 3-702, 3-705 and 3-806 of this title shall be exempt

from the provisions of this section.

D. The apportionment shall be made and collected by the

Oklahoma Employment Security Commission for deposit, on a monthly

basis, to the credit of the OESC Technology Fund. Provided, all

monies received by the Oklahoma Employment Security Commission for

the account of the OESC Technology Fund, upon receipt, shall be

deposited in a clearance account.

E. The Oklahoma Employment Security Commission shall promulgate

such rules as may be necessary to implement the provisions of

Sections 3-109.3 and 6-201 through 6-205 of this title.

F. The Oklahoma Employment Security Commission shall create an

annual report detailing the collection of the apportionment funds

and the expenditures from the OESC Technology Fund. The report

shall be filed on or before March 31 of each year following the

effective date of this act. The report shall be filed with the

Governor, the President Pro Tempore of the Senate, the Speaker of

the House of Representatives, the State Treasurer, the State Auditor

and Inspector, and the Director of the Office of Management and

Enterprise Services.
Okla. Stat. tit. 40, § 40-3-305 — OK Code / Title 40 / Section 40-3-305
Assessments
Status: in_force

ASSESSMENTS.

A. If any employer shall fail to make any report or return as

required by the Employment Security Act of 1980, the Oklahoma

Employment Security Commission or its duly authorized

representative, from any information in the possession of or

obtainable by the Commission, may determine the amount of

contribution due from such employer, and shall mail a copy of the

assessment to the last-known address of the delinquent employer.

The assessment so made shall not preclude the Commission or its

representative from making field audits of the books and records,

wherever located, of the employer and from making further

adjustments, corrections or assessments. The assessments provided

for herein must be made, and a copy thereof delivered to the

employer or mailed to the last-known address of the employer, within

three (3) years after the date on which the report or return was

required to be filed.

B. Assessments under this section may be appealed pursuant to

the provisions of Section 3-115 of this title.
Okla. Stat. tit. 40, § 40-4-106.1 — OK Code / Title 40 / Section 40-4-106.1
Compensation and travel expenses
Status: in_force

In addition to reimbursement for travel expenses pursuant to the

State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of

the Oklahoma Statutes, each Commissioner shall receive Fifty Dollars

($50.00) for each Commission meeting attended, not to exceed Six

Hundred Dollars ($600.00) per annum.
Okla. Stat. tit. 40, § 40-453 — OK Code / Title 40 / Section 40-453
Powers and duties of Commissioner
Status: in_force

A. The Commissioner of Labor shall have the power and duty to:

1. Develop and promulgate rules for the abatement of friable

asbestos materials which shall be consistent with general industry

standards;

Oklahoma Statutes - Title 40. Labor Page 292

2. Instruct and examine contractors, employees and supervisors

on the safe abatement of friable asbestos materials;

3. Hire sufficient personnel to carry out the provisions of

this act consistent with funds allocated and full-time-equivalent

employees authorized;

4. Inspect all asbestos abatement projects, to issue, modify

and revoke orders; to issue cease and desist orders; and to require

mandamus and seek injunctive relief for enforcement of orders;

5. Inspect public buildings for the presence of friable

asbestos materials;

6. Collect samples to determine the presence and condition of

friable asbestos materials in public buildings;

7. Recommend appropriate abatement measures for friable

asbestos materials in public buildings;

8. Make and enter into all contracts and agreements necessary

or incidental to the performance of the Department's duties and the

execution of its powers under the Oklahoma Asbestos Control Act

including, but not limited to, contracts with the United States,

other states, agencies, and political subdivisions of this state;

9. Accept grants from the United States government, its

agencies and instrumentalities, and any other source. To these

ends, the Department shall have the power to comply with such

conditions and execute such agreements as may be necessary and

desirable;

10. Supervise, administer, and enforce the provisions of the

Oklahoma Asbestos Control Act rules promulgated thereunder;

11. Hold hearings;

12. Institute legal proceedings, including suits for

injunctions for the enforcement of his orders, rules, and for the

enforcement of penalties;

13. Investigate any violations of the Oklahoma Asbestos Control

Act;

14. Exercise all incidental powers which are necessary to carry

out the provisions of the Oklahoma Asbestos Control Act; and

15. To perform such other duties as the Commissioner of Labor

may determine are essential to the protection of health from hazards

posed by friable asbestos materials.

B. The violations of any rule shall be grounds for the

Commissioner to evoke any penalties set forth in Section 456 of this

title.

C. The Commissioner of Labor shall be the primary authority

regarding the regulation of asbestos abatement in the State of

Oklahoma at the abatement site through the completion of the on-site

abatement.
Okla. Stat. tit. 40, § 40-142.9 — OK Code / Title 40 / Section 40-142.9
Applications for examination, certification or renewal
Status: in_force

of certification - Fees.

A. 1. All applications for examination, certification or

renewal of certification shall be made in writing to the Department

of Labor on forms provided, if necessary, by the Department of

Labor. All applications shall be accompanied by the appropriate

fee.

2. If a person holds a valid Class I Dealer Permit properly

issued by the Oklahoma Liquefied Petroleum Gas Board, pursuant to

Section 420.4 of Title 52 of the Oklahoma Statutes, the requirements

of this section for certification or renewal of certification shall

not be required.

B. The following shall be the fees charged under the

Alternative Fuels Technician Certification Act.

Alternative Fuels Equipment Technician Examination $50.00

Alternative Fuels Compression Technician Examination $50.00

Electric Vehicle Technician Examination $50.00

Alternative Fuels Equipment Technician Certificate $50.00

Alternative Fuels Compression Technician Certificate $50.00

Alternative Fuels Equipment or Compression Training

Certificate $25.00

Electric Vehicle Technician Certificate $50.00

Certificate renewal, if made within thirty (30) days

after expiration:

Alternative Fuels Equipment Technician Certificate $50.00

Alternative Fuels Compression Technician Certificate $50.00

Alternative Fuels Equipment or Compression

Training Certificate $25.00

Electric Vehicle Technician Certificate $50.00

Penalty for Late Certification Renewal:

Alternative Fuels Equipment Technician Certificate $10.00

Alternative Fuels Compression Technician Certificate $10.00

Electric Vehicle Technician Certificate $10.00

Company, Partnership or Corporation Certificate $100.00

Annual Renewal for Company, Partnership or Corporation

Certificate $100.00

Training Program Certification (one-time fee) $500.00

Alternative Fuels Installation Certification Per

Location $1,000.00

Annual Renewal of Alternative Fuels Installation

Certification Per Location $250.00

for each dispenser meter

at the location not to

exceed $1,000.00 per

location

Oklahoma Statutes - Title 40. Labor Page 237
Okla. Stat. tit. 40, § 40-4-204 — OK Code / Title 40 / Section 40-4-204
No member to serve as an officer in a political
Status: in_force

organization.

NO MEMBER TO SERVE AS AN OFFICER IN A POLITICAL ORGANIZATION. No

member of the Board of Review shall serve as an officer or committee

member of any political party organization during his term of

office.
Okla. Stat. tit. 40, § 40-412 — OK Code / Title 40 / Section 40-412
Violations - Penalties
Status: in_force

A. Any person failing to comply with any standard or

interfering with, impeding or obstructing in any manner the

administration of standards pursuant to the provisions of the

Oklahoma Occupational Health and Safety Standards Act, upon

conviction, shall be guilty of a misdemeanor.

B. Any person who violates any of the provisions of the

Oklahoma Occupational Health and Safety Standards Act, upon

conviction, shall be guilty of a misdemeanor and in addition thereto

may be enjoined from continuing such violation. Each day upon which

such violation occurs shall constitute a separate violation.

C. The Attorney General, on the request of the Commissioner,

shall bring an action against any person violating any of the

provisions of the Oklahoma Occupational Health and Safety Standards

Act or violating any order or determination of the Commissioner

promulgated pursuant to the Oklahoma Occupational Health and Safety

Standards Act.

D. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative penalties and fines for violations of

the Oklahoma Occupational Health and Safety Standards Act which may

be in addition to or in lieu of the criminal penalties provided in

this section. The promulgation of an administrative fine schedule

shall grant the Commissioner authority to impose those

administrative fines for any violation of the Oklahoma Occupational

Health and Safety Standards Act. Funds collected as payment from a

violator for administrative fines imposed for a violation of the

Oklahoma Occupational Health and Safety Standards Act shall be

deposited to the Department of Labor Administrative Penalty

Revolving Fund created in Section 3 of this act.
Okla. Stat. tit. 40, § 40-3-707 — OK Code / Title 40 / Section 40-3-707
State pledge
Status: in_force

STATE PLEDGE. The State of Oklahoma recognizes its obligation

under this act and hereby pledges the faith of the state that funds

which are to be dispersed by the state to any organization,

instrumentality of the state or its political subdivisions will be

available to insure payments required under this act.
Okla. Stat. tit. 40, § 40-141.14 — OK Code / Title 40 / Section 40-141.14
Inspection report - Inspection record - Certificate of
Status: in_force

operation - Suspension of certificate.

A. 1. Each authorized inspection agency employing special

inspectors meeting the requirements of subsection A of Section 9 of

this act shall, within thirty (30) days following each inspection

made by such inspectors, file an exact copy of the report of the

Oklahoma Statutes - Title 40. Labor Page 222

inspection with the chief boiler inspector upon appropriate forms as

promulgated by the Commissioner of Labor; and

2. Each company operating pressure vessels covered by owner-

user inspections service meeting the requirements of subsection B of

Section 9 of this act shall maintain in its files an inspection

record which shall list, by number and such abbreviated description

as may be necessary for identification, each pressure vessel covered

by this act, the date of the last inspection of each pressure vessel

and the approximate date for the next inspection. The inspection

record shall be available for examination by the chief inspector or

his authorized representative during business hours. Each such

company shall, in addition, file annually with the chief inspector a

statement, signed by the individual having supervision over the

inspections made during the period covered thereby, stating the

number of pressure vessels covered by this act inspected during the

year and certifying that each such inspection was conducted pursuant

to the inspection requirements provided for by this act.

Such annual statement shall be accompanied by a fee equal to

that shown in subparagraph c of paragraph 2 of subsection A of

Section 16 of this act.

B. If the report filed pursuant to subsection A of this section

shows that a boiler or pressure vessel is found to comply with the

rules and regulations of the Commissioner of Labor and upon direct

payment to the Department of Labor by the owner or user of the fee

prescribed shall issue the owner or user a certificate of operation.

The certificate of operation shall be valid for a period consistent

with the inspection frequency as required by Section 13 of this act.

In the case of those boilers and pressure vessels covered by

paragraphs 1, 2, 3 and 4 of subsection B of Section 13 of this act

for which the Commissioner of Labor has established or extended the

operating period between required inspections, pursuant to the

provisions of paragraph 7 or 8 of subsection B of Section 13 of this

act, the certificate of operation shall be valid for a period of not

more than two (2) months beyond the period set by the Commissioner.

Certificates of operation for boilers shall be posted under glass,

or similarly protected, in the room containing the boiler. Pressure

vessel certificates of operation shall be posted in like manner, if

convenient, or filed where they will be readily accessible for

examination by the Commissioner, chief boiler inspector or deputy

inspector.

C. The chief boiler inspector or deputy inspectors may at any

time suspend a certificate of operation if the boiler or pressure

vessel for which it is issued is deemed a menace to the public

safety, or when the boiler or pressure vessel is found not to comply

with the rules and regulations herein provided. Each suspension of

a certificate of operation shall continue in effect until such

boiler or pressure vessel shall have been made to conform to the

Oklahoma Statutes - Title 40. Labor Page 223

rules and regulations, and until said certificate of operation shall

have been reinstated.Oklahoma Statutes - Title 40. Labor Page 8
Okla. Stat. tit. 40, § 40-2-608 — OK Code / Title 40 / Section 40-2-608
Conclusiveness of determinations and decisions
Status: in_force

CONCLUSIVENESS OF DETERMINATIONS AND DECISIONS.

Except insofar as reconsideration of any determination is had

under Section 2-506 of this title, any right, fact, or matter in

issue, directly passed upon or necessarily involved in a

determination or redetermination which has become final, or in a

decision on appeal under this subsection which has become final,

shall be conclusive for all the purposes of this act as between the

Commission, the claimant, and all employers who had notice of such

determination, redetermination, or decision. Subject to appeal

proceedings and judicial review as provided in this title, any

determination, redetermination or decision as to rights to benefits

shall be conclusive for all the purposes of this act and shall not

be subject to collateral attack by any party.
Okla. Stat. tit. 40, § 40-3 — OK Code / Title 40 / Section 40-3
Obstructing work of labor officials
Status: in_force

No person shall interfere with, obstruct or hinder by force or

otherwise the Commissioner of Labor, his deputies, assistants, or

special agents, or factory inspectors while in the performance of

their duties, or refuse to properly answer questions asked by such

officers pertaining to the laws over which he has supervision under

the provisions of this act, or refuse them admittance to any place

where and when labor is being performed which is affected by the

provisions of this act.
Okla. Stat. tit. 40, § 40-4-511 — OK Code / Title 40 / Section 40-4-511
Communications to Commission privileged - Not subject to
Status: in_force

slander or libel.

COMMUNICATIONS TO COMMISSION PRIVILEGED - NOT SUBJECT TO SLANDER

OR LIBEL. All letters, reports, communications and other matters,

written or oral from employer or former employer or claimant, to the

Commission or any of its agents or to any board which have been

written, sent, or made in connection with the requirements and

administration of this act, shall be absolutely privileged and shall

not be the subject matter or basis for any suit for slander or libel

in any court, but no employer or claimant or their representatives

testifying before the Commission or any board provided for in this

act shall be exempt from punishment for perjury.
Okla. Stat. tit. 40, § 40-167 — OK Code / Title 40 / Section 40-167
False Statements as to conditions of employment
Status: in_force

It shall be unlawful for any employer of labor doing business in

the state, to induce, influence, persuade or engage workmen to

change from one place to another in the state, or to bring workmen

of any class or calling into this state to work in any of the

departments of labor, through or by means of false or deceptive

representations, false advertising or false pretenses concerning the

kind and character of the work to be done, or amount and character

of the compensation to be paid for such work or the sanitary or

other conditions of employment or as to the existence or

nonexistence of a strike or other trouble pending between employer

and employees, at the time of or prior to such engagement. Failure

to state in an advertisement, proposal or contract for the

employment of workmen that there is a strike, lockout or other labor

Oklahoma Statutes - Title 40. Labor Page 251

trouble at the place of the proposed employment, when in fact such

strike, lockout or other labor troubles then actually exist at such

place, shall be deemed a false advertisement and misrepresentation

for the purposes of this section.
Okla. Stat. tit. 40, § 40-4-801 — OK Code / Title 40 / Section 40-4-801
Applicability
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 183

APPLICABILITY. This part applies to the Oklahoma State

Employment Service.
Okla. Stat. tit. 40, § 40-1-101 — OK Code / Title 40 / Section 40-1-101
Short title
Status: in_force

SHORT TITLE. This act shall be known and may be cited as the

Employment Security Act of 1980.
Okla. Stat. tit. 40, § 40-460 — OK Code / Title 40 / Section 40-460
Rules and regulations
Status: in_force

The Commissioner of Labor shall promulgate rules and regulations

for the safe installation, repair, maintenance, use, operation and

inspection of all amusement rides necessary for the protection of

the general public using amusement rides.
Okla. Stat. tit. 40, § 40-1-208 — OK Code / Title 40 / Section 40-1-208
Employer
Status: in_force

EMPLOYER.

"Employer" means:

1. Any employing unit, except as provided under paragraphs 10

and 11 of this section, which:

Oklahoma Statutes - Title 40. Labor Page 24

a. for some portion of a day, but not necessarily

simultaneously, in each of twenty (20) different

calendar weeks, whether or not such weeks are or were

consecutive, within either the calendar year or the

preceding calendar year, and for the purpose of this

definition if any week includes both December 31 and

January 1, the days up to January 1 shall be deemed

one (1) calendar week and the days beginning January 1

another such week, has or had in employment one or

more individuals, irrespective of whether the same

individuals are or were employed in each such day, or

b. in any calendar quarter, in either the calendar year

or preceding calendar year paid for service in

employment wages of One Thousand Five Hundred Dollars

($1,500.00) or more;

2. Any individual or employing unit, whether or not an

employing unit at the time of the acquisition, which acquired

substantially all of the organization, employees, trade, business,

or assets thereof, of another which at the time of such acquisition

was an employer subject to the Employment Security Act of 1980; or

which acquired a part of the organization, employees, trade, or

business of another employing unit which at the time of such

acquisition was an employer subject to the Employment Security Act

of 1980;

3. Any individual or employing unit, whether or not an

employing unit at the time of acquisition, which acquired

substantially all of the organization, employees, trade, business,

or assets thereof, of another employing unit, if the employment

record of such individual or employing unit subsequent to such

acquisition, together with the employment record of the acquired

unit prior to such acquisition, both within the same calendar year,

would be sufficient to constitute an employing unit and employer

subject to the Employment Security Act of 1980 under paragraph 1 of

this section; or any individual or employing unit which acquired

substantially all of the organization, employees, trade, business,

or assets of another employing unit if such employing unit

subsequent to such acquisition, and such acquired unit prior to such

acquisition, both within the same calendar quarter, together paid

for service in employment wages totaling One Thousand Five Hundred

Dollars ($1,500.00) or more;

4. Any employing unit which, together with one or more other

employing units, is owned or controlled, by legally enforceable

means or otherwise, directly by the same interest, or which owns or

controls one or more other employing units, by legally enforceable

means or otherwise, and which, if treated as a single unit with such

other employing unit, would be an employer under paragraph 1 of this

section;

Oklahoma Statutes - Title 40. Labor Page 25

5. Any employing unit which, having become an employer under

paragraph 1, 2, 3, 4, 6, 8, 10, 11 or 12 of this section has not,

under Section 3-202 of this title, ceased to be an employer subject

to the Employment Security Act of 1980;

6. For the effective period of its election pursuant to Section

3-203 of this title any other employing unit which has elected to

become subject to the Employment Security Act of 1980;

7. Any department of this state, any other state, and all

instrumentalities thereof, including any political subdivisions and

their instrumentalities, for which service in employment, as defined

in paragraph (3) of Section 1-210 of this title, is performed,

except as provided under paragraphs 10 and 11 of this section;

8. Any employing unit for which service in employment, as

defined in paragraph (4) of Section 1-210 of this title, is

performed, except as provided under paragraphs 10 and 11 of this

section;

9. For purposes of paragraphs 1, 8, 10 and 11 of this section,

employment shall include service which would constitute employment

but for the fact that the service is deemed to be performed entirely

within another state pursuant to an election under an arrangement

entered into in accordance with Section 4-702 of this title by the

Oklahoma Employment Security Commission and an agency charged with

the administration of any other state or federal unemployment

compensation law;

10. Any employing unit for which agricultural labor as defined

in paragraph (5) of Section 1-210 of this title is performed. In

determining whether or not an employing unit for which service other

than agricultural labor is also performed is an employer under

paragraph 1, 7, 8 or 11 of this section, the wages earned or the

employment of an employee performing service in agricultural labor

shall not be taken into account;

11. Any employing unit for which domestic service in employment

as defined in paragraph (6) of Section 1-210 of this title is

performed. In determining whether or not an employing unit for

which service other than domestic service is also performed is an

employer under paragraph 1, 7, 8 or 10 of this section, the wages

earned or the employment of an employee performing domestic service

shall not be taken into account;

12. Any employing unit which is not an employer by reason of

any other provisions of the Employment Security Act of 1980 shall

nevertheless be an "employer" if either:

a. within the calendar year or preceding calendar year,

service is or was performed, with respect to which the

employing unit is liable for any federal tax against

which credit may be taken by the employing unit for

contributions required to be paid by it into a state

unemployment fund, or

Oklahoma Statutes - Title 40. Labor Page 26

b. the employing unit is required to be an "employer" as

a condition for approval of the Employment Security

Act of 1980 for full tax credit to be allowed against

the tax imposed by the Federal Unemployment Tax Act,

26 U.S.C., Section 3301 et seq.; or

13. If two or more employers share common ownership,

management, or control, the Commission may combine their merit

rating accounts, including their actual contribution and benefit

experience, annual payrolls, and contribution rates into one

account.
Okla. Stat. tit. 40, § 40-466 — OK Code / Title 40 / Section 40-466
Modification of rules and regulations - Grounds
Status: in_force

The Commissioner of Labor may modify the application of rules or

regulations to an operator who demonstrates a hardship resulting

from such application if the public safety will remain secure. Any

owner or operator may make a written request to the Commissioner of

Labor specifying the hardships which are his grounds for requesting

such modification. Any authorization by the Commissioner of Labor

shall be in writing and shall describe the conditions under which

the modifications shall be permitted. A permanent record of all

modifications shall be kept in the Department of Labor for public

inspection.
Okla. Stat. tit. 40, § 40-2-404B — OK Code / Title 40 / Section 40-2-404B
Renumbered as § 2-404.2 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-4-804 — OK Code / Title 40 / Section 40-4-804
Cooperative agreements
Status: in_force

COOPERATIVE AGREEMENTS. For the purpose of establishing and

maintaining free public employment offices, and promoting the use of

their facilities, the Commission is authorized to enter into

agreements with the Railroad Retirement Board, or any other agency

of the United States, or of this or any other state, charged with

the administration of any law whose purposes are reasonably related

to the purposes of this act, and as a part of such agreements may

accept moneys, services or quarters as a contribution to the

maintenance of the state system of public employment offices or as

reimbursement for services performed. All moneys received for such

purposes shall be paid into the Employment Security Administration

Fund.
Okla. Stat. tit. 40, § 40-473 — OK Code / Title 40 / Section 40-473
Rules ineffective upon repeal of Section 471
Status: repealed

Any rules promulgated pursuant to Section 471 of Title 40 of the

Oklahoma Statutes, repealed by Section 3 of this act, shall be null

and void and shall have no effect.
Okla. Stat. tit. 40, § 40-196.11 — OK Code / Title 40 / Section 40-196.11
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-165.2 — OK Code / Title 40 / Section 40-165.2
Semimonthly or monthly payment of wages on regular
Status: in_force

paydays - Payment in money - Itemized statement of deductions -

Prohibited payments - Dishonored checks.

Every employer in this state shall pay all wages due their

employees, other than exempt employees and employees of nonprivate

foundations qualified pursuant to 26 U.S.C. 509(a)(1) and 26 U.S.C.

Oklahoma Statutes - Title 40. Labor Page 245

170(b)(1)(A)(vi), at least twice each calendar month on regular

paydays designated in advance by the employer. State, county and

municipal employees, exempt employees, school district employees,

technology center school district employees and employees of

nonprivate foundations qualified pursuant to 26 U.S.C. 509(a)(1) and

26 U.S.C. 170(b)(1)(A)(vi) shall be paid a minimum of once each

calendar month. The amount due such employees shall be paid in

lawful money of the United States including payment by electronic

means, and the employee shall not be deemed to have waived any right

or rights mentioned in this section because of any contract to the

contrary. Each employer in this state, in its discretion, may pay

all wages due to an employee by deposit on the payday at a financial

institution of the employee's choice or, if the employee does not

consent or designate a financial institution, to a payroll card

account. With each payment of wages earned by such employee, the

employer shall issue to such employee a brief itemized statement of

any and all deductions therefrom. An interval of not more than

eleven (11) days may elapse between the end of the pay period worked

and the regular payday designated by the employer. The employer

shall be allowed three (3) days after such payday in which to comply

with this section.

No such employer shall issue, in payment of or as evidence of

indebtedness due an employee any check, cashier's check, draft, time

check, store order, scrip, or other acknowledgment of indebtedness

unless the same is payable or redeemable upon demand without

discount and for face value in lawful money of the United States.

If an employer pays an employee with a check which is subsequently

returned to the employee or an agent thereof by reason of the

refusal of the bank upon which such check was drawn to honor the

same due to insufficient funds or a stop payment notice, the

employer shall reimburse the employee for any fees or costs incurred

by the employee due to the refusal to honor the check within

fourteen (14) days of the employer's notice of the bank's refusal to

honor the check.
Okla. Stat. tit. 40, § 40-141.3 — OK Code / Title 40 / Section 40-141.3
Rules and regulations - Formulation - Promulgation
Status: in_force

A. Formulation. The Commissioner of Labor shall formulate and

adopt definitions, rules and regulations for the safe construction,

installation, inspection, operation, maintenance and repair of

boilers and pressure vessels in this state.

1. The definitions, rules and regulations so formulated for new

construction shall be based upon and follow generally accepted

national engineering standards, formula and practices related to

boiler and pressure vessel construction and safety. The

Commissioner of Labor may adopt an existing American National

Standard known as the Boiler and Pressure Code of the American

Society of Mechanical Engineers, with the addenda and code cases,

and may also adopt subsequent revisions in the form of addenda and

code cases of that standard provided such revisions are acceptable

to the Commissioner. When so adopted, the same shall be deemed

incorporated into, and to constitute a part of the whole of the

definitions, rules and regulations of the Commissioner of Labor;

2. The Commissioner of Labor shall formulate rules and

regulations to ensure that boiler and pressure vessel manufacturers,

jobbers, dealers or individuals selling, renting or leasing or

offering for sale, rent or lease or operation, any boiler or

pressure vessel which is within the scope of this act meets the

Oklahoma Statutes - Title 40. Labor Page 214

requirements of this act, rules and regulations hereinafter adopted.

Any manufacturer, jobber, dealer or individual found to be in

violation of this section shall be subject to any current penalty as

herein provided;

3. The Commissioner of Labor shall formulate rules and

regulations which may permit the use of boilers and pressure vessels

which were in operation in this state prior to the date upon which

the first rules and regulations under this act pertaining to

existing installations become effective, or during the twelve-month

period immediately thereafter; and

4. The rules for inspection, maintenance and repair of

installed boilers and pressure vessels shall be based upon and

follow generally accepted national standards as promulgated by the

National Board of Boiler and Pressure Vessel Inspectors or by the

American Petroleum Institute Pressure Vessel Inspection Code as a

minimum as relates to boiler and pressure vessels.

B. Promulgation. The rules and regulations and any subsequent

amendments thereto formulated or adopted by the Commissioner of

Labor shall be adopted in accordance with the Oklahoma

Administrative Procedures Act, except that the rules applying to the

construction of new boilers and pressure vessels shall not become

mandatory until six (6) months after their promulgation by the

Commissioner.
Okla. Stat. tit. 40, § 40-560 — OK Code / Title 40 / Section 40-560
Drug and alcohol test records - Disclosure
Status: in_force

A. Records of all drug and alcohol test results and related

information maintained by the employer shall be the property of the

employer and, upon the request of the applicant or employee tested,

shall be made available for inspection and copying to the applicant

or employee. Except as provided in subsection B of this section, an

employer shall not release such records to any person other than the

applicant, employee or the review officer.

B. Records of all drug and alcohol test results and related

information maintained by the employer may be released by the

employer for any of the following purposes:

1. As admissible evidence by an employer or the individual

tested in a case or proceeding before a court of record or

administrative agency if either the employer or the individual

tested are named parties in the case or proceeding;

2. In order to comply with a valid judicial or administrative

order; or

3. To an employer's employees, agents and representatives who

need access to such records in the administration of the Standards

For Workplace Drug and Alcohol Testing Act.

C. A testing facility, or any agent, representative or designee

of the facility, or any review officer, shall not disclose to any

employer, based on the analysis of a sample collected from an

applicant or employee for the purpose of testing for the presence of

drugs or alcohol, any information relating to the general health,

pregnancy or other physical or mental condition of the applicant or

employee.

A testing facility shall release the results of the drug or

alcohol test, and any analysis and information related thereto, to

the individual tested upon request.

Oklahoma Statutes - Title 40. Labor Page 317
Okla. Stat. tit. 40, § 40-3-704 — OK Code / Title 40 / Section 40-3-704
Benefits based on wages paid both by the state and other
Status: in_force

employers.

BENEFITS BASED ON WAGES PAID BOTH BY THE STATE AND OTHER

EMPLOYERS. If benefits paid an individual are based on wages paid

by both the state and one or more other employers subject to this

act, the amount to be included as state benefit payments shall bear

the same ratio to the total benefits paid to the individual as the

base period wages as defined by this act, paid to the individual by

the state bear to the total amount of base period wages paid to the

individual by all his base period employers, as defined by this act.
Okla. Stat. tit. 40, § 40-5-104 — OK Code / Title 40 / Section 40-5-104
Violations of act, and regulations for which no specific
Status: in_force

penalty is otherwise provided.

VIOLATIONS OF ACT, AND REGULATIONS FOR WHICH NO SPECIFIC PENALTY

IS OTHERWISE PROVIDED. Any person who shall willfully violate any

provision of this act or any order, rule, or regulation thereunder,

the violation of which is made unlawful or the observance of which

is required under the terms of this act, and for which a penalty is

neither prescribed in this act nor provided by any other applicable

statute, shall be guilty of a misdemeanor and shall be punished by a

fine of not less than Fifty Dollars ($50.00) nor more than Five

Hundred Dollars ($500.00), or by imprisonment for not longer than

ninety (90) days, or by both such fine and imprisonment, and each

day such violation continues shall be deemed to be a separate

offense.
Okla. Stat. tit. 40, § 40-600.9 — OK Code / Title 40 / Section 40-600.9
Refusal to register - Suspension or revocation of
Status: in_force

registration.

The Insurance Commissioner may, after notice and opportunity for

hearing, refuse to register any person, suspend or revoke the

registration of any professional employer organization, or impose

administrative fines as provided for in the Oklahoma Professional

Employer Organization Recognition and Registration Act if the

Commissioner finds:

1. That the registrant or applicant has violated any of the

provisions of this section, rules lawfully promulgated by the

Commissioner, or the conditions of financial assurances required by

this act;

2. That the registrant or applicant has engaged in a

fraudulent, deceptive, or dishonest practice; or

3. For good and sufficient cause, that the registrant or

applicant is unfit to be a professional employer organization within

the meaning of this act or of any of the rules lawfully promulgated

by the Commissioner.
Okla. Stat. tit. 40, § 40-4-703 — OK Code / Title 40 / Section 40-4-703
Reimbursements to be deemed benefits
Status: in_force

REIMBURSEMENTS TO BE DEEMED BENEFITS. Reimbursements paid from

the fund pursuant to subsection (3) of Section 4-702 of this act

shall be deemed to be benefits for the purpose of this act. The

Commission is authorized to make to other state or federal agencies

and to receive from such other state or federal agencies

reimbursements from or to the fund in accordance with arrangements

entered into pursuant to Section 4-702 of this act.
Okla. Stat. tit. 40, § 40-3-509 — OK Code / Title 40 / Section 40-3-509
Levy on bank accounts
Status: in_force

LEVY ON BANK ACCOUNTS.

A. If any tax debtor shall fail to pay his or her indebtedness

to the Oklahoma Employment Security Commission after the tax debtor

has been notified of the amount due and demand for payment has been

made, it shall be lawful for the Oklahoma Employment Security

Commission to collect the amount owed by levy upon any bank account

of the tax debtor.

B. To levy upon a tax debtor's bank account, the Oklahoma

Employment Security Commission must serve a Notice of Levy on the

bank in which the tax debtor has an account, along with the tax

warrants covering all calendar quarters in which the tax debtor owes

unemployment taxes, interest, penalty, fees, or surcharge.

C. Service of the Notice of Levy and tax warrants shall be made

on the bank in the same manner as provided in Section 2004 of Title

12 of the Oklahoma Statutes for service of process in civil actions.

D. Upon receiving the Notice of Levy and any tax warrants

issued against the tax debtor, the bank shall deliver all of the tax

debtor's interest in the money in the tax debtor's bank account at

the time of the service of the levy, subject to the banker's lien or

right of setoff, or any other priority claim of the bank, up to the

Oklahoma Statutes - Title 40. Labor Page 148

amount of indebtedness indicated on the tax warrants plus accrued

interest pursuant to subsection A of Section 3-301 of Title 40 of

the Oklahoma Statutes and any fees for service of process, to the

representative of the Commission indicated on the Notice of Levy.

The delivery of this money shall occur within ten (10) days of the

date of service of the Notice of Levy.

E. If there is no money in the tax debtor's bank account at the

time the Notice of Levy is served, or if the bank account has been

closed, an officer of the bank on which the Notice of Levy is served

shall make a statement to that effect on the Notice of Levy. The

statement must be notarized and returned to the representative of

the Oklahoma Employment Security Commission named in the Notice of

Levy.

F. The Sheriff's Department that serves the Notice of Levy on

the bank shall be entitled to a service fee of Fifty Dollars

($50.00) that is to be paid by the Oklahoma Employment Security

Commission and added to the tax debtor's indebtedness as a fee in

the latest calendar quarter for which the tax debtor has any type of

indebtedness.
Okla. Stat. tit. 40, § 40-2-619 — OK Code / Title 40 / Section 40-2-619
Treasury offset program – Benefit overpayment
Status: in_force

collections.

TREASURY OFFSET PROGRAM – BENEFIT OVERPAYMENT COLLECTIONS.

A. The Oklahoma Employment Security Commission shall be

authorized to collect unemployment benefit overpayment indebtedness

through the Tax Offset Program of the U.S. Department of the

Treasury pursuant to 26 U.S.C., Section 6402(f) and 31 CFR, Section

285.8. The Commission may submit overpayment indebtedness due to

fraud that was established pursuant to paragraph 1 of Section 2-613

of Title 40 of the Oklahoma Statutes and overpayment indebtedness

due to claimant error that was established under paragraph 2 of

Section 2-613 of Title 40 of the Oklahoma Statutes, if the claimant

error overpayment was due to a failure to report earnings.

B. Before submitting an indebtedness to the U.S. Department of

the Treasury for collection through the Tax Offset Program, the

Oklahoma Employment Security Commission shall notify the debtor in

writing of the amount of the debt and the date the indebtedness was

established. The notification shall give the debtor sixty (60) days

from the date of mailing of the notice to present evidence to the

Commission that all or a part of the indebtedness is not legally

enforceable or is otherwise invalid.

C. If the debtor responds to the notice by presenting evidence,

the Commission shall evaluate the evidence and review its records of

the indebtedness. Based on this evaluation and review, the

Commission may modify the amount of the indebtedness. Once the

evaluation and review process is complete, the indebtedness shall be

submitted to the U.S. Department of the Treasury for collection

through the Tax Offset Program.

D. If no evidence is presented by the debtor within the sixty-

day time period allowed by the notice, the amount of the

indebtedness will be submitted to the U.S. Department of the

Treasury for collection through the Tax Offset Program.

E. If the Oklahoma Employment Security Commission receives an

erroneous payment from the U.S. Department of the Treasury, the

Oklahoma Employment Security Commission shall return the payment to

the U.S. Department of the Treasury. If the money that was

erroneously paid to the Oklahoma Employment Security Commission had

been credited to an unemployment benefit overpayment indebtedness,

that indebtedness shall be reinstated to the amount that existed

before the payment was credited.
Okla. Stat. tit. 40, § 40-142.13 — OK Code / Title 40 / Section 40-142.13
Change of address of holder of certificate or
Status: in_force

registration.

Any holder of a certificate or registration issued in accordance

with the provisions of the Alternative Fuels Technician

Certification Act shall promptly notify the Department of Labor of

any change in such holder's address.
Okla. Stat. tit. 40, § 40-4-605 — OK Code / Title 40 / Section 40-4-605
Maintenance of administrative fund
Status: in_force

MAINTENANCE OF ADMINISTRATIVE FUND.

All monies in this fund shall be deposited in a special fund in

the State Treasury. Such monies shall be secured by collateral in

the full amount of the funds on deposit in the same kind and manner

the State Treasurer is required to secure other funds of the state

on deposit.
Okla. Stat. tit. 40, § 40-9-101 — OK Code / Title 40 / Section 40-9-101
Effective date
Status: in_force

EFFECTIVE DATE. (1) Except as otherwise provided in this

article, this act becomes effective on July 1, 1980.

(2) Article 4 on Administration takes effect upon enactment of

this act.

(3) Part 6 of Article 2 on Appeals takes effect on October 1,

1980; provided however, the Oklahoma Employment Security Commission

may by resolution provide that Part 6 of Article 2 on Appeals

becomes effective at an earlier date than October 1, 1980, if the

Commission by resolution adopts an earlier date.
Okla. Stat. tit. 40, § 40-3-603 — OK Code / Title 40 / Section 40-3-603
State Treasurer to maintain three accounts
Status: in_force

STATE TREASURER TO MAINTAIN THREE ACCOUNTS. The State Treasurer

shall maintain within the Fund three separate accounts: (1) a

clearing account, (2) an unemployment trust fund account, and (3) a

benefit account.
Okla. Stat. tit. 40, § 40-196.10a — OK Code / Title 40 / Section 40-196.10a
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.

Oklahoma Statutes - Title 40. Labor Page 265
Okla. Stat. tit. 40, § 40-4-205 — OK Code / Title 40 / Section 40-4-205
Temporary members
Status: in_force

TEMPORARY MEMBERS. In the event of the disqualification of one

member of the Board of Review from the hearing and determination of

a claim for benefits, the Governor shall designate a fourth,

temporary member to serve as an alternative member. In the event of

Oklahoma Statutes - Title 40. Labor Page 164

the disqualification of two or more members of the Board of Review

from the hearing and determination on a claim for benefits, the

Governor shall designate by appointment temporary members to serve

as alternate members. Such alternates shall be paid traveling

expenses incurred in the performance of their duties as provided in

the State Travel Reimbursement Act. The Governor may at any time,

after notice and hearing, remove any member for cause.
Okla. Stat. tit. 40, § 40-2-606 — OK Code / Title 40 / Section 40-2-606
Appeals from tribunal referee decisions to Board of
Status: in_force

Review.

APPEALS FROM TRIBUNAL REFEREE DECISIONS TO BOARD OF REVIEW.

The Board of Review shall review the record of an appeal filed

by any of the parties entitled to notice on a determination of an

appeal tribunal referee. On appeal, the Board of Review may affirm,

modify, reverse, or remand any decision of an appeal tribunal

referee on the basis of evidence previously submitted, or on the

basis of additional evidence received by an appeal tribunal referee

on remand. The Board of Review shall promptly notify the parties of

its decision in writing, and the decision shall be final unless

within thirty (30) days after notice is deemed given, a proceeding

for judicial review is initiated pursuant to Section 2-610 of this

title.
Okla. Stat. tit. 40, § 40-2-706 — OK Code / Title 40 / Section 40-2-706
State "on" indicator
Status: in_force

STATE "ON" INDICATOR.

There is a "state 'on' indicator" for this state for a week if

the Oklahoma Employment Security Commission determines, in

accordance with the regulations of the Secretary of Labor of the

United States, that for the period consisting of such week and the

immediately preceding twelve (12) weeks, the rate of insured

unemployment, not seasonally adjusted:

1. Equaled or exceeded one hundred twenty percent (120%) of the

average of such rates for the corresponding thirteen-week period

ending in each of the preceding two (2) calendar years, and equaled

or exceeded five percent (5%); or

2. Equaled or exceeded six percent (6%).

Any optional or revised "state 'on' indicator" or indicators or

optional waiver by a state of any such indicator or part of any such

indicator provided for by Congress for any period of time shall be

considered to be in effect in Oklahoma for such period of time.
Okla. Stat. tit. 40, § 40-141.4 — OK Code / Title 40 / Section 40-141.4
Application of rules and regulations
Status: in_force

A. Twelve (12) months from the date upon which the rules and

regulations under this act become effective, all new boilers and

pressure vessels for use in this state shall conform to such rules

and regulations.

B. If a boiler or pressure vessel is of special design or

construction, and cannot comply with the construction requirements

of the rules and regulations of this act, a special installation and

operating permit may be granted by the Commissioner of Labor at his

discretion, provided the user presents evidence acceptable to the

Commissioner.

C. Welded steam lines - Downstream steam lines fabricated or

repaired by welding, operated at in excess of fifteen (15) pounds

per square inch gauge shall be fabricated, inspected and tested in

accordance with applicable rules and regulations.
Okla. Stat. tit. 40, § 40-2-605 — OK Code / Title 40 / Section 40-2-605
Notice of referee decision
Status: in_force

NOTICE OF REFEREE DECISION.

The parties shall be promptly notified of such referee's

decision and shall be furnished with a copy of the decision,

including the findings and conclusions in support thereof. The

decision shall be provided to the party by the agency's digital

portal or email unless the party notifies the agency that they opted

out from receiving notices by email pursuant to Section 11 of this

act. Such decision shall be final unless, within ten (10) days

after the date notice is deemed given, further review before the

Board of Review is initiated pursuant to Section 2-606 of this

title.
Okla. Stat. tit. 40, § 40-3-802 — OK Code / Title 40 / Section 40-3-802
Contributions
Status: in_force

CONTRIBUTIONS. Any such nonprofit organization which is, or

becomes, subject to this act, on or after January 1, 1972, shall

report and pay contributions to the Commission in the same time,

manner and amounts as required of nongovernmental employers for

profit subject to this act subject, except as herein provided, to

the same rights, remedies, obligations and penalties as a

nongovernmental employer for profit.
Okla. Stat. tit. 40, § 40-2-201 — OK Code / Title 40 / Section 40-2-201
Applicability
Status: in_force

APPLICABILITY. The provisions of this part apply to eligibility

to receive benefits under this act.
Okla. Stat. tit. 40, § 40-2-502 — OK Code / Title 40 / Section 40-2-502
Posting of information
Status: in_force

POSTING OF INFORMATION. Each employer shall post and maintain

in places readily accessible to its employees, statements concerning

benefit rights, claims for benefits and any other matters relating

to the administration of this act as the Commission may by rule

prescribe. Each employer shall supply to its employees copies of

statements or other materials relating to claims for benefits when

and as the Commission may by rule prescribe. Statements and other

materials shall be supplied by the Commission to all Oklahoma

employers through the Internet website of the Commission, without

cost to the employer.

Oklahoma Statutes - Title 40. Labor Page 77
Okla. Stat. tit. 40, § 40-2-402 — OK Code / Title 40 / Section 40-2-402
Fraud
Status: in_force

FRAUD.

A. If the Oklahoma Employment Security Commission determines

that any individual has made a false statement or representation or

has failed to disclose a material fact in violation of Section 5-102

of this title, the individual shall be ineligible to receive

unemployment compensation for the week that determination is made by

the Commission and for the next following fifty-one (51) weeks, and

no benefit year shall be established during such period of

ineligibility. After a determination has been made that an

individual has violated Section 5-102 of this title in a particular

benefit year, if the Commission determines that another violation of

that section has occurred in any subsequent benefit year, the

individual shall be ineligible to receive unemployment compensation

for the week in which the subsequent determination is made by the

Commission and for the next following one hundred three (103) weeks,

Oklahoma Statutes - Title 40. Labor Page 63

and no benefit year shall be established during such period of

ineligibility.

B. If the Commission makes a determination as described in

subsection A of this section, the individual shall be disqualified

for each week benefits were paid as a result of a false statement or

representation or a failure to disclose a material fact, and the

individual shall be deemed overpaid for the entire amount of

benefits paid as a result of claimant fraud.

C. The ineligibility and disqualification set forth in

subsections A and B of this section are in addition to the penalty

provided by Section 5-102 of this title, and shall be invoked

irrespective of whether such individual is prosecuted for violation

of Section 5-102 of this title, when the Commission makes such a

determination of ineligibility or disqualification.

D. A determination of fraud must be made within two (2) years

of the date on which the violation occurred.
Okla. Stat. tit. 40, § 40-3-701 — OK Code / Title 40 / Section 40-3-701
Applicability
Status: in_force

APPLICABILITY. The provisions of this part shall apply to the

financing of benefits to employees of the state and political

subdivisions thereof and their instrumentalities.
Okla. Stat. tit. 40, § 40-3-507 — OK Code / Title 40 / Section 40-3-507
Injunctions
Status: in_force

INJUNCTIONS. When any reports required under this act have not

been filed or may be insufficient to furnish all the information

required by the Commission, or when the contributions imposed by

this act have not been paid, the Commission may institute, in the

name of the State of Oklahoma, upon the relation of the Commission,

any necessary action or proceeding to enjoin such persons, firm,

association or corporation from continuing operations until such

reports have been filed or contributions paid as required, and in

all proper cases injunction shall be issued without a bond being

required from the state.
Okla. Stat. tit. 40, § 40-141.7 — OK Code / Title 40 / Section 40-141.7
Bureau of boiler inspection - Establishment - Personnel
Status: in_force

- Powers and duties.

There is hereby established a bureau of boiler inspection in the

Department of Labor under the direction of the chief boiler

inspector, who shall have at the time of appointment a valid

commission issued in accordance with the constitution and bylaws of

the National Board of Boiler and Pressure Vessel Inspectors and

shall be responsible to the Commissioner of Labor or his duly

authorized representative for the supervision, inspection and

testing of boilers and pressure vessels throughout the state.

B. The bureau of boiler inspection shall be furnished with

sufficient personnel, deputy inspectors and clerical aides to

perform the assigned duties with the limits prescribed by the

Commissioner of Labor.

C. Powers. The chief boiler inspector and deputy inspectors,

under the supervision of the Commissioner of Labor, shall:

1. Take action necessary for the enforcement of this act and

these rules and regulations;

2. Keep a complete record of the name and address of the owner

or user, location, type, dimensions, maximum allowable working

pressure, age, dates of installation and last-recorded inspection of

all boilers and pressure vessels to which this act applies;

3. Make available upon request copies of the rules and

regulations promulgated by the Department;

4. Issue, suspend or revoke for cause, certificates of

operation as provided for in Section 14 of this act; and

5. Cause the prosecution of violators of the provisions of this

act, rules and regulations.
Okla. Stat. tit. 40, § 40-460.1 — OK Code / Title 40 / Section 40-460.1
Rules for definition of “alteration”
Status: in_force

A. Pursuant to the authority granted to the Commissioner of

Labor under Section 460 of Title 40 of the Oklahoma Statutes to

promulgate rules for the safe installation, repair, maintenance,

use, operation, and inspection of all amusement rides necessary for

the protection of the general public using amusement rides, the

Commissioner of Labor shall promulgate rules regarding the

definition of alteration.

B. Rules promulgated pursuant to subsection A of this section

shall include the following language:

“Alteration” means any change in either the structural or

operational characteristics of the amusement ride which will alter

its performance from that specified in the design criteria of the

manufacturer.
Okla. Stat. tit. 40, § 40-11 — OK Code / Title 40 / Section 40-11
Branch office at Tulsa
Status: in_force

The Commissioner of Labor is hereby authorized to establish a

branch office to be located in Tulsa, Oklahoma.
Okla. Stat. tit. 40, § 40-141.12 — OK Code / Title 40 / Section 40-141.12
Lost, stolen or destroyed certificate of competency
Status: in_force

If a certificate of competency is lost, stolen or destroyed, a

new certificate of competency may be issued without reexamination.
Okla. Stat. tit. 40, § 40-74 — OK Code / Title 40 / Section 40-74
Educational qualifications required of child before
Status: in_force

employment.

No child under the age of sixteen (16) years shall be employed

or permitted to work in any of the occupations specified in Section

71 of this title unless such child is able to read and write, or

shall have attended some school during the preceding year for the

time that attendance is compulsory under the laws.
Okla. Stat. tit. 40, § 40-2-107 — OK Code / Title 40 / Section 40-2-107
Benefits - Portion of a week
Status: in_force

BENEFITS - PORTION OF A WEEK. Notwithstanding any other

provisions of this act, the Commission may by rule prescribe that

the existence of unemployment, eligibility for benefits and the

amount of benefits payable shall be determined, in the case of any

otherwise eligible claimant who, within a week of unemployment, is

separated from, or secures, work on a regular attachment basis, for

that portion of the week occurring before or after such separation

from or securing of work, provided such rules are reasonably

calculated to secure general results substantially similar to those

provided by this act with respect to weeks of unemployment.
Okla. Stat. tit. 40, § 40-2-708 — OK Code / Title 40 / Section 40-2-708
Rate of insured unemployment
Status: in_force

RATE OF INSURED UNEMPLOYMENT. "Rate of insured unemployment",

for purposes of Sections 2-706 and 2-707 of this title, means the

percentage derived by dividing:

(1) the average weekly number of weeks claimed for weeks of

unemployment for regular benefits, including interstate claims filed

in this state with respect to the most recent thirteen-consecutive-

week period, as determined by the Commission on the basis of its

reports to the Secretary of Labor of the United States, by

(2) the average monthly employment covered under this act for

the first four (4) of the most recent six (6) completed calendar

quarters ending before the end of such thirteen-week period.
Okla. Stat. tit. 40, § 40-3-703 — OK Code / Title 40 / Section 40-3-703
Benefits and extended benefits paid from unemployment
Status: in_force

security fund.

BENEFITS AND EXTENDED BENEFITS PAID FROM UNEMPLOYMENT SECURITY

FUND. All regular benefits and extended benefits, as defined by

this act, paid to individuals who were employees of the state and

political subdivisions and their instrumentalities and which were

based on wages paid by the state and political subdivisions and

their instrumentalities shall be paid from the benefit account of

the Unemployment Compensation Fund.
Okla. Stat. tit. 40, § 40-2-710 — OK Code / Title 40 / Section 40-2-710
Extended benefits
Status: in_force

EXTENDED BENEFITS. "Extended benefits" mean benefits, including

benefits payable to federal civilian employees and to ex-servicemen

pursuant to 5 U.S.C. Chapter 85, payable to an individual under the

provisions of this Part 7 for weeks of unemployment, as defined by

this act, in his eligibility period.
Okla. Stat. tit. 40, § 40-450 — OK Code / Title 40 / Section 40-450
Short title
Status: in_force

Sections 265 through 270 of this act shall be known and may be

cited as the "Oklahoma Asbestos Control Act".
Okla. Stat. tit. 40, § 40-2-406A — OK Code / Title 40 / Section 40-2-406A
Renumbered as § 2-406.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-3-801 — OK Code / Title 40 / Section 40-3-801
Applicability
Status: in_force

APPLICABILITY.

Benefits paid to employees of nonprofit organizations shall be

financed in accordance with the provisions of this part. For the

purpose of this part, a nonprofit organization is an organization or

group of organizations defined in paragraph (4) of Section 1-210 of

this title.
Okla. Stat. tit. 40, § 40-165.8 — OK Code / Title 40 / Section 40-165.8
Penalties
Status: in_force

It shall be a misdemeanor for any employer to violate any of the

provisions of Sections 165.1 through 165.11 of this title.
Okla. Stat. tit. 40, § 40-141.6 — OK Code / Title 40 / Section 40-141.6
License required - Exemptions - Fee - Evidence of
Status: in_force

qualifications - Hearings - Violations.

A. All firms or corporations engaged in the service, repair

and/or installation of boilers or pressure vessels located in this

state shall be licensed by the Commissioner to perform such work.

Provided, no license shall be required for any firms or corporations

engaged in the service, repair and/or installation of hot water

supply heaters as provided in paragraph 12 of subsection A of

Section 141.2 of this title. The Commissioner of Labor shall abide

by any existing code of installation presently adopted or as may be

hereinafter adopted by this state or its agencies or by any county,

municipality or school district as pertains to hot water supply

heaters. The annual license fee shall be payable in advance on or

before January 31 of each calendar year. Each firm or corporation

must furnish evidence suitable to the Commissioner that they are

qualified to perform such work.

B. All hearings for the issuance or revocations of license

under this section shall comply with the Oklahoma Administrative

Procedures Act.

C. Any person who shall violate any of the provisions of this

act or who violates any rule or order of the Commissioner pursuant

to this act shall be guilty of a misdemeanor, and in addition

thereto, may be enjoined from continuing such action. Each day upon

which such violation occurs shall constitute a separate violation.

D. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative penalties and fines for violations of

Oklahoma Statutes - Title 40. Labor Page 216

the Boiler and Pressure Vessel Safety Act and/or the Boiler and

Pressure Vessel Rules which may be in addition to or in lieu of the

criminal penalties provided in this section. The promulgation of an

administrative fine schedule shall grant the Commissioner authority

to impose those administrative fines for any violation of the Boiler

and Pressure Vessel Safety Act and/or the Boiler and Pressure Vessel

Rules. Funds collected as payment from a violator for

administrative fines imposed for a violation of the Boiler and

Pressure Vessel Safety Act and/or the Boiler and Pressure Vessel

Rules shall be deposited to the Department of Labor Administrative

Penalty Revolving Fund.
Okla. Stat. tit. 40, § 40-2-616 — OK Code / Title 40 / Section 40-2-616
Notice of overpayment determination
Status: in_force

NOTICE OF OVERPAYMENT DETERMINATION.

A. If the Oklahoma Employment Security Commission or its

representative determines that an individual has been overpaid

unemployment benefits pursuant to Section 2-613 of this title for

fraud overpayment or claimant error overpayment, the individual

shall be sent a notice of overpayment determination. If the

individual disagrees with this determination, the individual may

file an appeal of the determination with the Appeal Tribunal within

twenty (20) days after the date of the mailing of the notice to the

individual's last-known address or, if the notice is not mailed,

within twenty (20) days after the date of the delivery of the

notice. If the individual fails to appeal the determination within

the time provided, without good cause, then the determination will

be deemed final and no further appeal shall be allowed.

B. If the Oklahoma Employment Security Commission or its

representative determines that an individual has been overpaid

unemployment benefits pursuant to paragraph 3 of Section 2-613 of

this title relating to administrative overpayment, the individual

shall be sent a notice of overpayment determination. If the

individual disagrees with this determination, the individual may

file an appeal of the determination with the Appeal Tribunal within

ten (10) days after the date of mailing of the notice to the

individual's last-known address or, if the notice is not mailed,

within ten (10) days after the date of the delivery of the notice.

If the individual fails to appeal the determination within the time

provided, without good cause, the determination will be deemed final

and no further appeal shall be allowed.
Okla. Stat. tit. 40, § 40-2-803 — OK Code / Title 40 / Section 40-2-803
Food purchase assistance overissuances
Status: in_force

FOOD PURCHASE ASSISTANCE OVERISSUANCES.

A. An individual filing a new claim for unemployment

compensation shall, at the time of filing the claim, disclose

whether or not he or she owes an uncollected overissuance of food

purchase assistance benefits, as defined in 7 U.S.C., Section

2022(c)(1). The Oklahoma Employment Security Commission shall

notify the state food purchase assistance agency enforcing such

obligations of any individual who discloses that he or she owes food

purchase assistance overissuances and who is determined to be

eligible for unemployment compensation.

B. The Commission shall deduct and withhold from any

unemployment compensation payable to an individual who owes an

uncollected overissuance:

1. The amount specified by the individual to the Commission to

be deducted and withheld under this section;

2. The amount, if any, determined pursuant to an agreement

submitted to the state food purchase assistance agency under 7

U.S.C., Section 2022(c)(3)(A); or

3. Any amount otherwise required to be deducted and withheld

from unemployment compensation pursuant to 7 U.S.C., Section

2022(c)(3)(B).

C. Any amount deducted and withheld under this section shall be

paid by the Commission to the appropriate state food purchase

assistance agency.

D. Any amount deducted and withheld under subsection B of this

section shall for all purposes be treated as if it were paid to the

individual as unemployment compensation and paid by the individual

Oklahoma Statutes - Title 40. Labor Page 106

to the state food purchase assistance agency as repayment of the

individual's uncollected overissuance.

E. For purposes of this section, the term "unemployment

compensation" means any compensation payable under this act

including amounts payable by the Commission pursuant to an agreement

under any federal law providing for compensation, assistance, or

allowances with respect to unemployment.

F. This section applies only if arrangements have been made for

reimbursement by the state food purchase assistance agency for the

administrative costs incurred by the Commission under this section

which are attributable to the repayment of uncollected overissuances

to the state food purchase assistance agency.
Okla. Stat. tit. 40, § 40-902 — OK Code / Title 40 / Section 40-902
Creation of Oklahoma Workforce Commission
Status: in_force

There is hereby created the Oklahoma Workforce Commission. The

purpose of the Commission is to coordinate the development of the

workforce needed to grow Oklahoma’s economy and Oklahomans’

prosperity. To accomplish this purpose, the Commission is empowered

to the fullest extent permitted by law to coordinate the funding and

activities of each element of the state’s workforce development

programs, systems, and entities; to achieve better alignment,

accountability, and results for the state’s workforce development

efforts; and to act as the principal point of contact regarding

workforce development for public officials, businesses, and the

public. In carrying out its work, the Commission shall consult

officials, leaders, and experts in workforce development including,

but not limited to, state and local agencies, departments,

educational institutions, boards, commissions, the private sector,

and other leaders and experts. The Commission shall convene

advisory committees consisting of relevant state and local agencies,

departments, educational institutions, boards, commissions, the

private sector, and other officials as the Commission deems

appropriate. It is the intent of the Legislature that the

Commission shall serve as a coordinating body for workforce

development entities in the state and that workforce development

entities will fully participate in and cooperate with the

Commission’s activities, but the Commission shall not directly

exercise governing control of state and local agencies, departments,

educational institutions, boards, commissions, and other workforce

development entities except as otherwise prescribed by law.
Okla. Stat. tit. 40, § 40-1-208A — OK Code / Title 40 / Section 40-1-208A
Renumbered as § 1-208.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-4-802 — OK Code / Title 40 / Section 40-4-802
Establishment
Status: in_force

ESTABLISHMENT. The Oklahoma State Employment Service is hereby

established in the Employment Security Division of the Commission.

The Commission, in the conduct of such service, shall establish and

maintain free public employment offices in such number and in such

places as may be necessary for the proper administration of this act

and for the purposes of performing such functions as are within the

purview of the Act of Congress entitled "An Act to provide for the

establishment of a national employment system and for cooperation

with the States in the promotion of such system, and for other

purposes," approved June 6, 1933, (48 Stat. 113; U.S.C., title 29,

Section 49 (c)) as amended, hereinafter referred to as the "Wagner-

Peyser Act." The provisions of the said Act of Congress are hereby

accepted by this state, and the Commission is hereby designated and

constituted the agency of this state for the purposes of said act.
Okla. Stat. tit. 40, § 40-2-607 — OK Code / Title 40 / Section 40-2-607
Rules and procedures in appeals
Status: in_force

RULES AND PROCEDURES IN APPEALS.

The Board of Review shall adopt reasonable rules governing the

manner of filing appeals and the conduct of hearings and appeals

before the Board of Review, consistent with the provisions of the

Employment Security Act of 1980. The Oklahoma Employment Security

Commission shall adopt and, from time to time, may modify and amend

rules governing appeals before the Appeal Tribunal of the Commission

and its referees. The Oklahoma Employment Security Commission shall

create and maintain a precedent manual to reflect current statutes

and statutory changes along with current case law that is applicable

to questions of law which may arise during hearing or appeals. The

precedent manual shall be updated by the Commission within thirty

(30) days of the effective date of any statutory changes and shall

be available at the offices of the Commission and on any Internet

website maintained by the Commission. When the same or

substantially similar evidence is relevant and material to the

matters in issue in claims by more than one individual or in claims

by a single individual with respect to two (2) or more weeks of

unemployment, the same time and place for considering each such

claim may be fixed, hearings thereon jointly conducted, a single

record of the proceedings made, and evidence introduced with respect

to one proceeding considered as introduced in the others, provided

that in the judgment of the appeal tribunal referee having

jurisdiction of the proceeding, such consolidation would not be

prejudicial to any party. No person shall participate as an appeal

tribunal referee or member of the Board of Review on any case in

which the person has a personal interest. A record shall be kept of

Oklahoma Statutes - Title 40. Labor Page 84

all testimony and proceedings before an appeal tribunal referee, but

the testimony need not be transcribed unless judicial review is

initiated. Witnesses subpoenaed pursuant to this section shall be

allowed fees at a rate fixed by the Commission, and fees of

witnesses subpoenaed on behalf of the Commission, the employer, or

any claimant, shall be deemed part of the expense of administering

the Employment Security Act of 1980.
Okla. Stat. tit. 40, § 40-403 — OK Code / Title 40 / Section 40-403
Employer's duties and responsibilities
Status: in_force

A. Each employer shall furnish to each of his employees

employment and a place of employment which are free from recognized

hazards that are causing or are likely to cause death or serious

physical harm to his employees, commensurate with the Occupational

Safety and Health Act of 1970.

B. No person shall discharge, discriminate or take adverse

personnel action against any employee because such employee has

filed any complaint, or instituted or caused to be instituted any

proceeding under or related to this act, or has testified or is

about to testify in any such proceeding, or because of the exercise

by such employee on behalf of himself or herself or others of any

right affected by this act.

C. Within forty-eight (48) hours after the occurrence of an

employment accident which is fatal to one or more employees or which

results in hospitalization of five or more employees, the employer

of any employees so injured or killed shall report the accident in

writing to the Oklahoma City office of the Oklahoma Department of

Labor, in a manner prescribed by the Department. The Commissioner

of Labor may require such additional reports as he deems necessary,

including the official death certificate from the Oklahoma State

Department of Health.

D. No rule or standard promulgated under this act shall, or

shall be deemed to, establish legal standards of conduct or legal

duties, the violation of which standards or duties would constitute

negligence or gross negligence in any civil proceeding.

E. Every employer having twenty-five (25) or more full- or

part-time employees shall:

1. Designate an employee who shall coordinate all safety

programs of the employer;

2. Provide safety classes to each type or class of employee no

less than quarterly, except that public schools shall only be

required to provide safety classes or instruction to their employees

during the school year. Provided further, public school employees

who are certified personnel and are in compliance with federal OSHA

occupational safety and health standards shall be exempt from such

safety classes or instruction and shall not be included in the

computation of the number of employees set forth in subsection E of

this section for determining the requirement of such safety classes

or instruction; and

Oklahoma Statutes - Title 40. Labor Page 280

3. Cooperate with the Department of Labor including allowing

any announced inspection of the premises for the purpose of

determining compliance with this subsection.

The provisions of this subsection shall not apply to any

hospital which is subject to the rules of the U.S. Department of

Health and Human Services, Health Care Financing Administration

(HCFA), as set forth in 42 CFR Parts 405, 412, 416, 417, 440, 441,

456, 482 and 489; Medicare and Medicaid Programs; Conditions of

Participation for Hospitals, Final Regulations.
Okla. Stat. tit. 40, § 40-141.5 — OK Code / Title 40 / Section 40-141.5
Maximum allowable working pressure - Determination -
Status: in_force

Exemptions - Special Permit.

A. The maximum allowable working pressure of a boiler stamped

with the AmericanSociety of Mechanical Engineers Code symbol or a

pressure vessel stamped with the American Society of Mechanical

Oklahoma Statutes - Title 40. Labor Page 215

Engineers or American Petroleum Institute - American Society of

Mechanical Engineers Code symbol shall be determined by the

applicable sections of the code under which it was constructed and

stamped.

B. The maximum allowable working pressure of a boiler or

pressure vessel which is not stamped and does not carry the ASME or

the API-ASME Code symbol shall be computed in accordance with

standard engineering practice using a factor of safety established

by rules adopted by the Commissioner of Labor.

C. This act shall not be construed as in any way preventing the

use, sale or reinstallation of a boiler or pressure vessel referred

to in subsection B of this section, provided the Commissioner of

Labor gives a specific ruling that such boiler or pressure vessel

conforms to its rules and regulations, and provided further, upon

inspection it has been found to be in safe condition.

D. If a boiler or pressure vessel is of historical significance

and cannot comply with the construction requirements of the rules

and regulations of this act, a special installation and operating

permit may be granted by the Commissioner.
Okla. Stat. tit. 40, § 40-3-121 — OK Code / Title 40 / Section 40-3-121
Professional Employer Organizations – Transfer of
Status: in_force

experience history.

PROFESSIONAL EMPLOYER ORGANIZATIONS – TRANSFER OF EXPERIENCE

HISTORY.

If a Professional Employer Organization, or PEO, chooses the

option to file quarterly tax returns under the account assigned to

its client pursuant to paragraph 2 of subsection A of Section 3-120

of this title, and if the client has an experience history from a

previous account assigned to that client that can be used in

calculating an earned tax rate pursuant to the provisions of Article

3, Part 1, of the Employment Security Act of 1980, then that

experience history shall be transferred to the account assigned to

that client as a coemployer of that PEO. In addition, if taxable

wages were reported by a client in a previous account of the client

within the calendar year in which the PEO coemployer account is set

up, then the PEO coemployer account shall be given credit for the

taxable wages paid on each employee in the immediately previous

account under which client wages were reported.
Okla. Stat. tit. 40, § 40-199 — OK Code / Title 40 / Section 40-199
Certain actions against employees prohibited
Status: in_force

A. It shall be a misdemeanor for any employer, as defined in

Section 165.1 of this title, or his agent to discharge, penalize or

in any other manner discriminate against any employee because:

1. The employee has filed a complaint with his employer, or the

Commissioner of Labor or his authorized representative, to enforce

any provision of Sections 71 through 198.2 of this title;

2. The employee has caused to be instituted a proceeding or

investigation related to an alleged violation of any provision of

Sections 71 through 198.2 of this title; or

3. The employee has testified or is about to testify in an

investigation or proceeding under this title.

B. Every employer, as defined in Section 165.1 of this title,

or his agent shall be guilty of a misdemeanor if:

1. The filing of a complaint with the employer, Commissioner of

Labor or his authorized representative, or the taking of any action

directly related to the complaint by any employee is a substantial

and material factor in the discharge, penalization of or any other

discrimination against the employee by the employer or his agent; or

2. The employer or his agent has acted in a manner which has

the effect of discouraging, restraining, coercing or interfering

with any employee in the exercise of the employee's rights contained

in Sections 71 through 198.2 of this title.

C. Every person convicted of violating a prohibition of this

section shall be fined not less than Fifty Dollars ($50.00) nor more

than Two Hundred Dollars ($200.00) or imprisoned in the county jail

for not less than five (5) days nor more than thirty (30) days, or

both.
Okla. Stat. tit. 40, § 40-197.17 — OK Code / Title 40 / Section 40-197.17
Uniforms - Credit for
Status: in_force

Business establishments that furnish uniforms to their employees

may take credit against the minimum wage in an amount equal to the

reasonable cost of furnishing the uniforms.
Okla. Stat. tit. 40, § 40-197.16 — OK Code / Title 40 / Section 40-197.16
Tips, gratuities, meals or lodging - Credit for
Status: in_force

A. To compute the minimum wage of any employee coming within

the purview of the Oklahoma Minimum Wage Act, credit toward the

minimum required wage shall be given for any tips or gratuities,

meals, or lodging received by the employee provided that the

employer pays a cash wage of not less than what is required under 29

C.F.R., Section 531.50(a)(1).

B. To compute the minimum wage of any employee coming within

the purview of the Oklahoma Minimum Wage Act should the minimum wage

exceed the current federal minimum wage, credit toward the minimum

required wage may be given for any tips or gratuities, meals, or

lodging received by the employee.
Okla. Stat. tit. 40, § 40-600.6 — OK Code / Title 40 / Section 40-600.6
Financial and tax requirements – Confidentiality
Status: in_force

A. Net worth and bonding. Each PEO shall maintain either:

1. A minimum net worth of Fifty Thousand Dollars ($50,000.00),

as reflected in the financial statements submitted to the

Commissioner with the initial registration and each annual renewal;

or

2. A bond or securities with a minimum market value of Fifty

Thousand Dollars ($50,000.00), held by a depository designated by

the Commissioner, securing payment by the PEO of all taxes, wages,

benefits or other entitlement due to or with respect to a covered

employee, if the PEO does not make such payments when due. Any bond

or securities deposited under this subsection shall not be included

for the purpose of calculation of the minimum net worth required by

this subsection.

B. Payroll tax payments. A PEO shall submit to the

Commissioner, within ninety (90) days after the end of each calendar

quarter, a statement by an independent certified public accountant

that all applicable state payroll taxes for covered employees

located in this state have been paid on a timely basis for that

quarter.

C. Record confidentiality. All records, reports and other

information obtained from a PEO under the Oklahoma Professional

Employer Organization Recognition and Registration Act, except to

the extent necessary for the proper administration of the Oklahoma

Oklahoma Statutes - Title 40. Labor Page 328

Professional Employer Organization Recognition and Registration Act

by the Department, shall be confidential and shall not be published

or open to public inspection other than to public employees in the

performance of their public duties.
Okla. Stat. tit. 40, § 40-2-409 — OK Code / Title 40 / Section 40-2-409
Conditions exempting otherwise suitable work
Status: in_force

CONDITIONS EXEMPTING OTHERWISE SUITABLE WORK. Notwithstanding

any other provisions of this act, no work shall be deemed suitable

and benefits shall not be denied under this act to any otherwise

eligible individual for refusing to accept new work under any of the

following conditions:

(1) If the position offered is vacant due directly to a strike,

lockout or other labor dispute;

(2) If the wages, hours, or other conditions of the work

offered are substantially less favorable to the individual than

those prevailing for similar work in the locality;

(3) If as a condition of being employed the individual would be

required to join a company union or to resign from or refrain from

joining any bona fide labor organization;

(4) If the new work involved a substantial degree of risk to

his health, safety or morals.
Okla. Stat. tit. 40, § 40-1-209.1 — OK Code / Title 40 / Section 40-1-209.1
Lessor employing unit
Status: in_force

LESSOR EMPLOYING UNIT. A. Any employer or any individual,

organization, partnership, corporation or other legal entity which

meets the definition of lessor employing unit shall be liable for

contribution on wages paid by the lessor employing unit to

individuals performing services for client lessees of the lessor

employing unit.

B. Unless the lessor employing unit has timely complied with

the provisions of this section, any employer, individual,

organization, partnership, corporation or other legal entity leasing

employees from any lessor employing unit shall be jointly and

severally liable for any unpaid contributions, interest, penalties

and fees due under this section from any lessor employing unit

attributable to wages for services performed for the client lessee

entity by the employees leased to the client lessee entity.

C. In order to relieve client lessees from joint and several

liability imposed under this section, any lessor employing unit as

defined herein may post and maintain a surety bond issued by a

corporate surety authorized to do business in this state in an

amount equivalent to the contributions for which the lessor

employing unit was liable in the last calendar year in which it

accrued contributions, or One Hundred Thousand Dollars

($100,000.00), whichever amount is the greater, to ensure prompt

payment of contributions, interest, penalties and fees for which the

lessor employing unit may be or may become liable under this

section.

D. Any lessor employing unit as defined herein which is

currently engaged in the business of leasing employees to client

Oklahoma Statutes - Title 40. Labor Page 28

lessees shall comply with the provisions of this section by January

1, 1991.

E. Any lessor employing unit not engaged in the business of

leasing employees to client lessees on or before May 31, 1990, shall

comply with the requirements herein before entering into lease

agreements with client lessees.
Okla. Stat. tit. 40, § 40-173.1 — OK Code / Title 40 / Section 40-173.1
Employers’ use of social security numbers – Health
Status: in_force

benefit plan membership identification cards.

A. 1. Any employing entity located in this state shall not do

any of the following:

a. publicly post or publicly display in any manner the

social security number of an employee. For purposes

of this paragraph, "publicly post" or "publicly

display" means to intentionally communicate or

otherwise make available to the general public,

b. print the social security number of an employee on any

card required for the employee to access information,

products or services provided by the employing entity,

c. require an employee to transmit their social security

number over the Internet, unless the connection is

secure or the social security number is encrypted,

d. require an employee to use their social security

number to access an Internet web site, unless a

password or unique personal identification number or

other authentication device is also required to access

the Internet web site, or

e. print the social security number of an employee on any

materials that are mailed to the employee, unless

state or federal law requires the social security

number to be on the document to be mailed.

Notwithstanding this paragraph, social security

numbers may be included in applications and forms sent

by mail, including documents sent as part of an

application or enrollment process, or to establish,

amend or terminate an account, contract or policy, or

to confirm the accuracy of the social security number.

Oklahoma Statutes - Title 40. Labor Page 254

2. The provisions of this subsection shall not apply to the

state or any political subdivision of the state.

B. The provisions of this section shall not apply to a health

benefit plan membership identification card issued or renewed prior

to January 1, 2005. After January 1, 2005, the provisions of this

section shall be applicable to all health benefit plan membership

cards upon issuance or renewal.

C. This section shall not prevent the collection, use, or

release of a social security number as otherwise required by state

or federal law or the use of a social security number for internal

verification or administrative purposes. An employee may also

provide an employing entity with written permission to use their

social security number for any of the uses otherwise prohibited by

this section.
Okla. Stat. tit. 40, § 40-4-602 — OK Code / Title 40 / Section 40-4-602
Fund created
Status: in_force

FUND CREATED. There is hereby created in the State Treasury a

special fund to be known as the Employment Security Administration

Fund. All moneys which are deposited or paid into this fund shall

be continuously available to the Commission for expenditure in

accordance with the provisions of this act, and shall not lapse at

any time or be transferred to any other fund.
Okla. Stat. tit. 40, § 40-468 — OK Code / Title 40 / Section 40-468
Political subdivisions - Regulation of rides -
Status: in_force

Inspections.

A. Nothing contained in this act shall prevent cities and

counties from regulating amusement rides nor prevent them from

enacting ordinances in addition to the rules and regulations

promulgated by the Commissioner of Labor which may be more

restrictive than thisact with respect to amusement rides.

B. If a political subdivision presents satisfactory evidence to

the Commissioner of Labor that it can perform the inspections

required by this act, the Commissioner of Labor may delegate his

power of inspection.

C. The delegation of power is subject to an agreement entered

into by the Commissioner of Labor and the agency, political

subdivision or municipality.

Oklahoma Statutes - Title 40. Labor Page 302

D. The Commissioner of Labor may revoke the agreement or retain

the right to monitor the inspection.
Okla. Stat. tit. 40, § 40-463 — OK Code / Title 40 / Section 40-463
Fees - Certification of rides - Certificate of insurance
Status: in_force

A. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative fees for the registration and

inspection of amusement and other rides. The following fees shall

remain in effect until such rules become effective, at which time

the fees contained in this section shall be superseded by rule.

Fees collected by the Department of Labor for the registration and

inspection of amusement and other rides shall be deposited into the

Department of Labor Revolving Fund.

1. The annual ride registration fee shall be: $25.00

2. The inspection fee shall be:

a. Amusement Rides $50.00

b. Other Rides per hour $100.00

B. The Commissioner of Labor shall not issue an original

certificate of inspection for an amusement ride until he receives

certification in writing that such amusement rides meet the

requirements established by the Commissioner of Labor for amusement

rides. The Commissioner of Labor shall designate by rule and

regulation pursuant to Section 460 of this title the qualifications

of the inspectors making the inspections required by this section.

C. Any permanent amusement park ride owner or operator shall

file a copy of a certificate of insurance with the Commissioner of

Oklahoma Statutes - Title 40. Labor Page 300

Labor on or before February 1 of each year. Such certificate of

insurance shall be in such form as to reflect the safety inspection

requirements for obtaining such insurance and the date of the last

inspection. The amount of the premium and the amount of coverage

shall not be required to be disclosed in the certificate.

The Commissioner may accept such certificate and insurance

inspection as evidence sufficient to issue a certificate of

inspection for the permanent amusement park ride.

D. The Governing Board of the State Fair of Oklahoma, the Tulsa

State Fair, and the Muskogee State Fair shall file a copy of a

certificate of insurance with the Commissioner of Labor before the

rides are put into operation at each location for the use of the

public. Such certificate shall be in such form as to reflect the

safety inspection requirements for obtaining such insurance and the

date of the inspection.

The Commissioner may accept such insurance inspection as

evidence sufficient to issue a certificate of inspection for the

rides.
Okla. Stat. tit. 40, § 40-553 — OK Code / Title 40 / Section 40-553
Construction of act
Status: in_force

A. The Standards for Workplace Drug and Alcohol Testing Act

shall not be construed as requiring or encouraging employers to

conduct drug or alcohol testing.

B. Except as provided in subsection C of this section,

employers who choose to conduct drug or alcohol testing of job

applicants or persons employed in this state shall be governed by

the provisions of this act and the rules promulgated pursuant

thereto.

Oklahoma Statutes - Title 40. Labor Page 310

C. Drug or alcohol testing required by and conducted pursuant

to federal law or regulation shall be exempt from the provisions of

the Standards for Workplace Drug and Alcohol Testing Act and the

rules promulgated pursuant thereto.

D. This act shall not be construed as preventing the

negotiation of collective bargaining agreements that provide greater

protection to employees or applicants than is provided by this act.
Okla. Stat. tit. 40, § 40-3-702 — OK Code / Title 40 / Section 40-3-702
Payments by the state subdivisions and instrumentalities
Status: in_force

in lieu of contributions.

PAYMENTS BY THE STATE SUBDIVISIONS AND INSTRUMENTALITIES IN LIEU

OF CONTRIBUTIONS. In lieu of contributions required of employers

under the Employment Security Act of 1980, as provided by this act,

the State of Oklahoma and its instrumentalities shall pay each

quarter beginning after March 31, 1978, including any political

subdivision and its instrumentalities after December 31, 1977, one

percent (1%) of taxable wages, as defined in this act, paid to

employees covered by this act. Such payments made in lieu of

contributions shall be paid on or before the last day of the month

Oklahoma Statutes - Title 40. Labor Page 155

following the calendar quarter to be reported and shall be paid into

the Unemployment Compensation Fund.
Okla. Stat. tit. 40, § 40-483 — OK Code / Title 40 / Section 40-483
Administration of Job Training Partnership Act - Transfer
Status: in_force

to Employment Security Commission.

The duties and responsibilities currently performed by the

Oklahoma Department of Commerce with regards to administration of

Oklahoma Statutes - Title 40. Labor Page 307

the Job Training Partnership Act of 1982, 29 U.S.C., Section 1501 et

seq., and all related property, records and personnel, are hereby

transferred to the Oklahoma Employment Security Commission.

Employees transferred to the Oklahoma Employment Security Commission

shall be classified and subject to the provisions of the Merit

System of Personnel Administration as provided for in the Oklahoma

Personnel Act. Such employees shall retain membership in the Health

Insurance Plan, Dental Insurance Plan and Life Insurance Plan

created pursuant to the Oklahoma Employees Insurance and Benefits

Act, or Health Maintenance Organization (HMO) Plans approved by the

State and Education Employees Group Insurance Board.
Okla. Stat. tit. 40, § 40-52 — OK Code / Title 40 / Section 40-52
Definitions
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 195

For the purpose of and when used in this act:

(a) "Employee", as used in this act, shall mean any person

performing or applying for work or service of any kind or character

for hire.

(b) "Employer" shall mean any person employing or seeking to

employ any person for hire.

(c) "Fees" shall mean anything of value, including any money or

other valuable consideration exacted, charged, collected or received

directly or indirectly, or paid or promised to be paid for any

services or act described or enumerated in subsection (e) of this

section.

(d) "Employment" shall mean the act of employing or state of

being employed, engaged, or hired.

(e) "Private employment agency" shall mean any business

operated in this state by any person, firm or corporation for profit

which secures employment or by any form of advertising holds itself

out to applicants as able to secure employment or to provide

information or service of any kind purporting to promote, lead to or

result in employment for the applicant with any employer other than

itself, where any applicant may become liable for the payment of a

fee to the private employment agency, either directly or indirectly.

"Private employment agency" does not include:

(1) Any educational, religious, charitable, fraternal or

benevolent organization which charges no fee for

services rendered in securing employment or providing

information about employment; or

(2) Any employment service operated by this state, the

Government of the United States, or any city, county,

or town, or any agency thereof; or

(3) Any temporary help service that at no time advertises

or represents that its employee, with the approval of

the temporary help service, may be employed by one of

its client companies on a permanent basis; or

(4) Any newspaper of general circulation or other business

engaged primarily in communicating information that

does not purport to adapt the information provided to

the needs or desires of an individual subscriber; or

(5) Employment offices that charge no fee to the applicant

other than union dues or to the employer and which are

used solely for the hiring of employees under a valid

union contract by the employer subscribing to this

contract; or

(6) Any organization that charges fees only for services

other than securing employment; provided that such

services are performed pursuant to a contract which

includes a statement, in a type size no smaller than

ten point, directly above the place for the signature

Oklahoma Statutes - Title 40. Labor Page 196

of the client that reads as follows: "I have read and

received a copy of this contract which I understand

makes me legally obligated to pay a fee, I further

understand that this contract does not guarantee

employment"; or

(7) Resume services whose service includes only the

preparation and production of resumes, and does not

purport to offer services that will result in

employment; or

(8) A person employing individuals to render part-time or

temporary personal services to, for, or under the

direction of a third person, if the person employing

the individuals, in addition to wages or salaries,

pays federal social security taxes, state and federal

unemployment insurance, carries workers' compensation

insurance as required by state law, and has

responsibility for the acts of his employees while

rendering services to or under the direction of a

third person.

(f) "Temporary employment" shall mean any period of employment

terminating at any time within sixty (60) days from date of

employment.

(g) "Permanent employment" shall mean all employment exceeding

sixty (60) days duration.

(h) "Person" shall mean any individual, copartnership,

corporation, or other legal entity.
Okla. Stat. tit. 40, § 40-4-506 — OK Code / Title 40 / Section 40-4-506
Penalties for failure to attend lawful inquiries or obey
Status: in_force

Commission subpoenas.

PENALTIES FOR FAILURE TO ATTEND LAWFUL INQUIRIES OR OBEY

COMMISSION SUBPOENAS. Any person who shall without just cause fail

or refuse to attend and testify or to answer any lawful inquiry or

to produce books, papers, correspondence, memoranda, and other

records, if it is in its power so to do, in obedience to a subpoena

of the Commission, the Board of Review, the chairman of an appeal

tribunal, or any duly-authorized representative of any of them,

shall be punished by a fine of not less than Five Hundred Dollars

($500.00) or by imprisonment for not longer than sixty (60) days, or

by both such fine and imprisonment.
Okla. Stat. tit. 40, § 40-552 — OK Code / Title 40 / Section 40-552
Definitions
Status: in_force

As used in the Standards for Workplace Drug and Alcohol Testing

Act:

1. "Alcohol" means ethyl alcohol or ethanol;

2. "Applicant" means a person who has applied for a position

with an employer and received a conditional offer of employment;

3. "Board" means the State Board of Health;

4. "Confirmation test" means a drug or alcohol test on a sample

to substantiate the results of a prior drug or alcohol test on the

same sample and which uses different chemical principles and is of

equal or greater accuracy than the prior drug or alcohol test.

Where a breathalyzer test is utilized, a confirmation test means a

second sample test that confirms the prior result. Where a single-

use test is utilized, a confirmation test means a second test

confirmed by a testing facility. A breath or blood specimen may be

used for the confirmation test for alcohol. A urine, saliva or

blood specimen may be used for the confirmation test for drugs;

5. "Department" means the State Department of Health;

6. "Drug" means amphetamines, cannabinoids, cocaine,

phencyclidine (PCP), hallucinogens, methaqualone, opiates,

barbiturates, benzodiazepines, synthetic narcotics, designer drugs,

or a metabolite of any of the substances listed herein;

7. "Drug or alcohol test" means a chemical test administered

for the purpose of determining the presence or absence of a drug or

its metabolites or alcohol in a person's bodily tissue, fluids or

products. Adulteration of a specimen or of a drug or alcohol test

shall be considered as a refusal to test;

Oklahoma Statutes - Title 40. Labor Page 309

8. "Employee" means any person who supplies labor for

remuneration to his or her employer in this state and shall not

include an independent contractor, subcontractor or employees of an

independent contractor; provided, however, an independent

contractor, subcontractor, or employees of an independent

contractor, may be subject to a workplace drug or alcohol testing

policy under the terms of the contractual agreement when the drug or

alcohol testing policy applies to other workers at the job site or

workers who are in the same or similar classification or group;

9. "Employer" means any person, firm, corporation, partnership,

association, nonprofit organization or public employer, which has

one or more employees within this state, or which has offered or may

offer employment to one or more individuals in this state;

10. "Public employer" means the State of Oklahoma or any

political subdivision thereof, including any department, agency,

board, commission, institution, authority, public trust,

municipality, county, district or instrumentalities thereof;

11. "Review officer" means a person, qualified by the State

Board of Health, who is responsible for receiving results from a

testing facility which have been generated by an employer's drug or

alcohol testing program, and who has knowledge and training to

interpret and evaluate an individual's test results together with

the individual's medical history and any other relevant information;

12. "Sample" means tissue, fluid or product of the human body

chemically capable of revealing the presence of drugs or alcohol in

the human body; and

13. "Testing facility" means a facility which provides

laboratory services to test samples for the presence of drugs or

alcohol.
Okla. Stat. tit. 40, § 40-1-209.2 — OK Code / Title 40 / Section 40-1-209.2
Professional Employee Organization
Status: in_force

A. For purposes of the Employment Security Act of 1980, the

Professional Employee Organization (PEO) and its client shall be

considered coemployers of the covered employees that are under the

direction and control of the client.

B. If a PEO fails to become or remain registered under the

Oklahoma Professional Employer Organization Recognition and

Registration Act, the entity shall be considered a third-party

administrator of the client account. As a third-party

administrator, a power of attorney will be required to obtain

information from the client's account.
Okla. Stat. tit. 40, § 40-801 — OK Code / Title 40 / Section 40-801
Voluntary Veterans' Preference Employment Policy Act
Status: in_force

A. This section shall be known and may be cited as the

"Voluntary Veterans' Preference Employment Policy Act".

B. As used in this section:

1. "DD 214" means United States Department of Defense Form 214

or a similarly effective form issued by the Department relating to

separation from military service;

2. "Private employer" means a business entity in the private

sector of this state with one or more employees;

3. "Veteran" means a person who served on active duty in the

Armed Forces of the United States who was discharged or released

with an honorable discharge and registered with the veterans

registry created by the Oklahoma Department of Veterans Affairs; and

4. "Veterans' preference employment policy" means a private

employer's voluntary preference for hiring, promoting or retaining a

veteran over another qualified applicant or employee.

C. A private employer may have a voluntary veterans' preference

employment policy. The policy:

1. Shall be in writing; and

2. Shall be applied uniformly to employment decisions regarding

hiring, promotion or retention during a reduction in force.

D. An employer may require that a veteran submit a DD 214 to a

private employer with a veterans' preference employment policy to be

eligible for the preference.

E. The granting of a veterans' preference pursuant to the

provisions of this section shall not be deemed to violate any local

or state equal employment opportunity law or regulation.

F. The Department of Veterans Affairs shall assist any private

employer in determining if an applicant is a veteran to the extent

permitted by law.
Okla. Stat. tit. 40, § 40-405.1 — OK Code / Title 40 / Section 40-405.1
Department of Labor Administrative Penalty Revolving
Status: in_force

Fund - Oklahoma Asbestos Control Act violations.

A. There is hereby created in the State Treasury a revolving

fund for the Department of Labor to be designated the "Department of

Labor Administrative Penalty Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all administrative fines collected by the Department for

violations of the Oklahoma Occupational Health and Safety Standards

Act and the Oklahoma Asbestos Control Act, and any rules promulgated

thereto. All monies accruing to the credit of the fund, except

those monies specified in subsection B of this section, are hereby

directed to be transferred by the Commissioner of Labor to the State

Treasurer for deposit and credit to the General Revenue Fund at the

end of each fiscal year.

B. The Department of Labor shall retain up to Thirty Thousand

Dollars ($30,000.00) of monies accruing to the credit of the

Department of Labor Administrative Penalty Revolving Fund, derived

from citations for violations of the Oklahoma Occupational Health

and Safety Standards Act, per fiscal year. Said monies shall only

be used in support of this act for the production and dissemination

Oklahoma Statutes - Title 40. Labor Page 281

of workplace safety educational materials, for workplace safety

educational presentations and training, or for the acquisition of

workplace safety equipment, to be provided by the Department of

Labor, at its discretion, to employers as defined in Section 402 of

this title. Said monies shall not be expended for Department of

Labor employee salaries or benefits or for Department of Labor

administrative costs.
Okla. Stat. tit. 40, § 40-142.12 — OK Code / Title 40 / Section 40-142.12
Work of technician by noncertified person
Status: in_force

After September 1, 1991, it shall be unlawful for any person to

perform the work or offer, by advertisement or otherwise, to perform

the work of an alternative fuels equipment technician until such

person has qualified and is certified as an alternative fuels

equipment technician. Beginning September 1, 1995, it shall be

unlawful for any person to perform work or offer, by advertisement

or otherwise, to perform the work of an alternative fuels

compression technician until such person has qualified and is

certified as an alternative fuels compression technician. Beginning

November 1, 1998, it shall be unlawful for any person to perform the

work or offer, by advertisement or otherwise, to perform the work of

an electric vehicle technician until such person has qualified and

is certified as an electric vehicle technician. Electric vehicles

that have a manufacturer's warranty shall be serviced by an

authorized new car dealer. Any vehicle manufacturer's training

center located in the state, which offers alternative fuel and

electric vehicle courses meeting new car manufacturing requirements,

shall be exempted from this act. Provided, nothing in the

Alternative Fuels Technician Certification Act shall be construed to

prohibit a noncertified person from converting the engine of a farm

tractor, as defined in Section 1-118 of Title 47 of the Oklahoma

Statutes, to an engine fueled by alternative fuels, as long as such

farm tractor is not operated on the roads and highways of this

state.
Okla. Stat. tit. 40, § 40-195 — OK Code / Title 40 / Section 40-195
Exemption
Status: in_force

This act shall not apply when the same is in conflict with

federal statutes, or regulations authorized by federal statutes.
Okla. Stat. tit. 40, § 40-3-109.3 — OK Code / Title 40 / Section 40-3-109.3
Rate reduction for technology reinvestment
Status: in_force

apportionment.

RATE REDUCTION FOR TECHNOLOGY REINVESTMENT APPORTIONMENT.

Notwithstanding the provisions of Sections 3-109, 3-110.1 and 3-

113 of this title, for the time period beginning January 1, 2023,

and ending December 31, 2027, the tax rate computed for or assigned

to an employer shall be reduced by five percent (5%).
Okla. Stat. tit. 40, § 40-465 — OK Code / Title 40 / Section 40-465
Temporary cessation of ride - Orders - Enforcement
Status: in_force

A. The Commissioner of Labor may issue a written order for the

temporary cessation of operation of an amusement ride if it has been

determined after inspection to be hazardous or unsafe. Operations

shall not resume until such conditions are corrected to the

satisfaction of the Commissioner of Labor. The Commissioner of

Labor or his authorized inspector may inspect any amusement ride

without notice.

B. In addition to other powers confirmed by this act, the

Commissioner or his authorized representative shall have power to

order any person, firm, corporation, corporate officers, trustees or

any managing official of any municipal corporation, state agency or

political subdivision to cease violating any provision of this act,

or rule or regulations issued pursuant to this act. A certified

Oklahoma Statutes - Title 40. Labor Page 301

copy of such order shall be mailed to the person or entity so

violating the provisions of this act.

C. Any order issued by the Commissioner or his authorized

representative may be enforced in the district court in an action

for an injunction or writ of mandamus upon the petition of the

district attorney or Attorney General. Provided further, an

injunction, without bond, may be granted by the district court to

the Commissioner, for the purpose of enforcing this act.
Okla. Stat. tit. 40, § 40-141.19 — OK Code / Title 40 / Section 40-141.19
Department of Labor Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Labor to be designated the "Department of

Labor Revolving Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

designated for deposit in such fund. All monies accruing to the

credit of the fund are hereby appropriated and may be budgeted and

expended by the Department of Labor for operations and expenses

relating to its statutory duties and responsibilities. Expenditures

from the fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 40, § 40-2-404A — OK Code / Title 40 / Section 40-2-404A
Renumbered as § 2-404.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-413 — OK Code / Title 40 / Section 40-413
Public policy
Status: in_force

The following is declared to be the public policy of the state:Occupational accidents produce economic and social loss, impair productivity and retard the advancement of standards of living. Both humane and economic

considerations recommend the establishment and implementation of

effective injury control measures. A unified, continuing,

professional effort is required. A dynamic program of health and

safety education and training is the best known solution to the

control of occupational accidents.

Oklahoma Statutes - Title 40. Labor Page 285
Okla. Stat. tit. 40, § 40-196.8 — OK Code / Title 40 / Section 40-196.8
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-2-503 — OK Code / Title 40 / Section 40-2-503
Claims, notices, and objections
Status: in_force

CLAIMS, NOTICES, AND OBJECTIONS.

A. Claims for benefits shall be made in accordance with all

rules that the Oklahoma Employment Security Commission may

prescribe.

B. Promptly after an initial claim or an additional initial

claim is filed, the Commission shall give notice of the claim to the

last employer of the claimant for whom the claimant worked at least

fifteen (15) working days. These days are not required to be

consecutive. Provided, that promptly after the Commission is

notified of the claimant's separation from employment obtained

during a continued claim series, the Commission shall give notice of

the claim to the last separating employer. Notices to separating

employers during a continued claim series will be given to the last

employer in the claim week without regard to length of employment.

Each notice shall contain an admonition that failure to respond to

the notice could affect the employer's tax rate.

C. Promptly after the claim is paid for the fifth week of

benefits the Commission shall give written notice of the claim to

all other employers of the claimant during the claimant's base

period. The notice will be given by electronic means, or by mail.

D. Notice shall be deemed to have been given when the

Commission transmits the notice by electronic means or by mail.

E. Within ten (10) days after the date the notice is sent, an

employer may file a statement of objections to the claim setting

forth specifically the facts which:

1. Disclose the name and Social Security number of the

employee;

2. Make the claimant ineligible for benefits under Sections 2-

201 through 2-210 of this title;

3. Disqualify the claimant from benefits under Sections 2-401

through 2-419 of this title; or

4. Relieve the employer from being charged for the benefit

wages of such claimant.

F. An untimely employer objection to a claim for unemployment

benefits made pursuant to subsection E of this section may be

allowed for good cause shown.