PLEASE ACCEPT THE FOLLOWING IN RESPONSE TO YOUR APRIL 2, 1991 LETTER TO ATTORNEY GENERAL ROBERT HENRY, IN WHICH YOU REQUESTED AN ATTORNEY GENERAL'S OPINION ON WHETHER THE STATE LABOR DEPARTMENT HAS JURISDICTION OVER TITLE 18 FIRE DEPARTMENTS PURSUANT TO TITLE 40 C.S. 401, ET SEQ. BECAUSE YOUR QUESTION CAN BE ANSWERED BY REFERENCE TO EXISTING STATUTES AND ESTABLISHED PRINCIPLES OF LAW, AN OFFICIAL OPINION IS UNWARRANTED. HOWEVER, I HOPE YOU FIND THE FOLLOWING INFORMAL DISCUSSION HELPFUL.
TITLE 40 O.S. 401 - 40 O.S. 424, IS THE OKLAHOMA HEALTH AND SAFETY STANDARDS ACT OF 1970, AS AMENDED. THE FOLLOWING DEFINITIONS ARE FOUND IN TITLE 40 O.S. 402 (1990) AND TITLE 40 O.S. 403 (1981):
"402. OCCUPATION L HEALTH AND SAFETY DEFINITIONS.
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
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9. "EMPLOYMENT" INCLUDES ALL SERVICES FOR PAY PURSUANT TO A CONTRACT OF HIRE EXCEPT SERVICE IN AGRICULTURAL OR DOMESTIC EMPLOYMENT AND SAND, GRAVEL AND QUARRY OPERATIONS.
403. EMPLOYERS' DUTY
(1) EACH EMPLOYER SHALL ESTABLISH AND MAINTAIN CONDITIONS OF WORK WHICH ARE REASONABLY SAFE AND HEALTHFUL FOR EMPLOYEES. EACH EMPLOYER'S SAFETY DEVICES AND SAFEGUARDS SHALL BE SUCH AS ARE REASONABLY NECESSARY TO PROTECT THE LIFE, HEALTH AND SAFETY OF HIS EMPLOYEES."
FROM THESE STATUTES, IT SEEMS CLEAR THAT THE LEGISLATURE'S SOLE INTENT WAS TO REQUIRE DEFINED EMPLOYERS TO PROVIDE A SAFE AND HEALTHFUL WORKPLACE FOR THEIR EMPLOYEES. THE STATE DEPARTMENT OF LABOR, THROUGH ITS COMMISSIONER, IS EMPOWERED TO ESTABLISH HEALTH AND SAFETY STANDARDS, AND TO ENFORCE THE PROVISIONS OF THE ACT.
TITLE 18 O.S. 592 AND 18 O.S. 594 (1990) PROVIDE:
"592. FIRE DEPARTMENTS FOR UNINCORPORATED AREAS - INCORPORATION
THE AUTHORITY OF PERSONS ASSOCIATED TOGETHER TO BECOME INCORPORATED AS A CHARITABLE CORPORATION FOR THE PURPOSES OF PROVIDING EITHER A VOLUNTEER OR FULL-TIME FIRE DEPARTMENT FOR AN UNINCORPORATED AREA OR PLACE IS HEREBY RATIFIED AND CONFIRMED. SUCH A CORPORATE FIRE DEPARTMENT SHALL HAVE AUTHORITY TO PROVIDE FIRE PROTECTIVE SERVICE BOTH TO ITS MEMBERS AND TO NONMEMBERS, EITHER WITHIN OR WITHOUT THE UNINCORPORATED AREA WHEREIN IT IS SITUATED.
594. FIRE DEPARTMENTS FOR UNINCORPORATED AREAS - STATUS AS STATE AGENCY - NONLIABILITY FOR TORT
ANY CHARITABLE CORPORATION FORMED IN AN UNINCORPORATED AREA FOR THE PURPOSE OF PROVIDING EITHER A VOLUNTEER OR A FULL-TIME FIRE DEPARTMENT, SUCH AS IS MENTIONED IN SECTION 592 OF THIS TITLE, SHALL BE CONSIDERED AN AGENCY OF THE STATE OF OKLAHOMA WHILE ACTUALLY PERFORMING THE FUNCTION OF PROVIDING FIRE PROTECTIVE SERVICES EITHER WITHIN OR WITHOUT THE UNINCORPORATED AREA WHEREIN IT IS SITUATED, AND WHILE IN ENGAGED SUCH CORPORATION SHALL NOT BE LIABLE IN TORT FOR THE ACTS OF ITS MEMBERS OR ITS FIREMEN."
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