reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 40. Labor › §40-360. Short title - Oklahoma Employment First Act - Definitions.

A. This act shall be known and may be cited as the "Oklahoma Employment First Act".
B. All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive integrated employment of individuals with disabilities. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this act.
C. State agencies are authorized to adopt rules to implement this act.
D. As used in this act:
1. "Competitive employment" means work in the competitive labor market, or self-employment, that is performed on a full-time or part-time basis in an integrated setting with the opportunity for advancement and for which a person with a disability is compensated at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities;
2. "Disability" means, with respect to an individual:
a.
a physical or mental impairment that substantially limits one or more major life activities of such individual,
b.
a record of such an impairment, or
c.
being regarded as having such an impairment as defined in the Americans with Disabilities Act of 1990, as amended;
3. "Integrated setting" means, with respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with persons without disabilities, other than those who are providing services to those applicants or eligible individuals, to the same extent that individuals without disabilities in comparable positions interact with other persons; and
4. "Working age" means sixteen (16) years of age or older in accordance with Section 71 of Title 40 of the Oklahoma Statutes.
Added by Laws 2015, c. 76, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-402. Occupational 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
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
9. "Employment" includes all services for pay pursuant to a contract of hire except service in agricultural employment.
Laws 1970, c. 287, § 2, operative July 1, 1970; Laws 1984, c. 147, § 2, operative July 1, 1984; Laws 1992, c. 305, § 2, emerg. eff. May 27, 1992.
2023 Oklahoma Statutes › Title 40. Labor › §40-403. Employer's duties and responsibilities.

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
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.
Laws 1970, c. 287, § 3, operative July 1, 1970; Laws 1992, c. 305, § 3, emerg. eff. May 27, 1992; Laws 1993, c. 349, § 19, eff. Sept. 1, 1993; Laws 1994, c. 163, § 1, emerg. eff. May 6, 1994.
2023 Oklahoma Statutes › Title 40. Labor › §40-404. Removal or damage of safeguards - Failure to obey safety orders.

No employee shall willfully remove, displace, damage, destroy or carry off any safety device or safeguard furnished or provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person. No employee or agent of employees shall interfere with the use of any method or process adopted for the protection of any employee in such employment or place of employment, or of any other person lawfully within such place of employment, or fail to follow and obey orders necessary to protect the life, health and safety of such employees and any other person lawfully within such place of employment.
Laws 1970, c. 287, § 4, operative July 1, 1970.
2023 Oklahoma Statutes › Title 40. Labor › §40-405.1. Department of Labor Administrative Penalty Revolving 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 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.
Added by Laws 2016, c. 82, § 3, eff. Nov. 1, 2016. Amended by Laws 2019, c. 17, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 40. Labor › §40-405.2. Department of Labor Administrative Penalty Revolving Fund - Elevator Safety Act violations

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 Elevator Safety Act, and any rules promulgated thereto. All monies accruing to the credit of the fund 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.
Added by Laws 2016, c. 93, § 11, eff. Nov. 1, 2016.
NOTE: Editorially renumbered from § 405.1 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 40. Labor › §40-407. Adoption of health and safety standards - Promulgation - Limitation.

A. The Commissioner pursuant to the provisions of Sections 301 through 326 of Title 75 of the Oklahoma Statutes may prescribe, adopt, promulgate, amend and rescind health and safety standards, which shall be derived from national consensus standards designed for the prevention of accidents in all places of employment and for the protection of the life, health and safety of employees.
B. Authority to promulgate health and safety standards is limited to that not granted to other state departments or other legally constituted state boards or commissions.
Amended by Laws 1984, c. 147, § 3, operative July 1, 1984.
2023 Oklahoma Statutes › Title 40. Labor › §40-412. Violations - Penalties

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.
Added by Laws 1970, c. 287, § 12, operative July 1, 1970. Amended by Laws 1984, c. 147, § 5, operative July 1, 1984; Laws 1992, c. 305, § 5, emerg. eff. May 27, 1992; Laws 2016, c. 82, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-413. Public policy.

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.
Laws 1970, c. 287, § 13, operative July 1, 1970.
2023 Oklahoma Statutes › Title 40. Labor › §40-414. Occupational safety and health consultation program for private employers.

A. The Commissioner shall not assert enforcement jurisdiction pursuant to Section 401 et seq. of this title over any occupational safety or health issue with respect to which a federal standard has been issued pursuant to Section (6) of Public Law 91-596, also known as the Williams-Steiger Occupational Safety and Health Act of 1970.
B. The Commissioner shall provide competent occupational safety and health consultation, education and training for private and public employers in coordination with the Oklahoma Department of Career and Technology Education and other available community resources.
C. Such consultation shall be provided on a priority basis to those private employers which, based on their certification, have occupational injury and illness rates exceeding the national average incidence rate for private employers of similar character.
D. No such consultation shall be provided except upon written request by the private employer.
E. Except when a condition of "imminent danger" exists, no reports, communication, or other information regarding safety and health hazards discovered by the Commissioner, pursuant to the administration of Section 401 et seq. of this title, or his representative in the workplaces of private employers, shall be reported to any enforcement authority whatsoever without the prior approval of the employer.
F. The Commissioner may, in providing services to private employers upon request, refer private employers for participation in other safety and health consultation, education and training programs including but not limited to the programs authorized by Section 7(C)1 of Public Law 91-596.
G. The Commissioner may, upon request, refer qualifying private employers to programs operated by the U.S. Department of Labor for recognition or for exemption from inspection by the U.S. Department of Labor Occupational Safety and Health Administration.
H. The Commissioner shall certify successful participation in the occupational safety and health consultation, education and training program pursuant to the provisions of Section 924.2 of Title 36 of the Oklahoma Statutes.
I. The Commissioner may promulgate such rules and regulations as may be necessary to implement the provisions of this section.
J. As used in this section:
1. "Private employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a state; and
2. "Imminent danger" means any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death, or serious physical harm immediately.
Added by Laws 1970, c. 287, § 14, operative July 1, 1970. Amended by Laws 1986, c. 222, § 1, eff. Nov. 1, 1986; Laws 1988, c. 317, § 3, eff. Nov. 1, 1988; Laws 1992, c. 305, § 6, emerg. eff. May 27, 1992; Laws 2001, c. 33, § 35, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 40. Labor › §40-417. Reports by employers of statistical data - Summary.

(1) To assure the availability of accurate, timely statistical data concerning occupational health and safety in Oklahoma, all employers as defined in Section 402 of this title shall submit reports, on a form and in a manner prescribed by the Commissioner of Labor. Reports shall include only those injuries arising from employment within the State of Oklahoma.
(2) The Department may exempt from this requirement those classes of employers for whose operations adequate records of safety experience are already available or the Department may exempt any employer from this requirement when, in the judgment of the Commissioner, the submission of annual reports by such employer is not necessary to carry out the purposes of this act and would be an undue burden upon such employer because of size, the nature of its operation or other special circumstances.
(3) The Department shall publish each year a detailed summary of the statistical data received from employers. A copy of such summary shall be available on request to each reporting establishment required to file reports of disabling work injuries and shall be made available to anyone having a legitimate interest in the subject matter of the report.
Added by Laws 1970, c. 287, § 17, operative July 1, 1970. Amended by Laws 1985, c. 348, § 5, emerg. eff. July 31, 1985; Laws 1988, c. 317, § 4, eff. Nov. 1, 1988; Laws 1992, c. 305, § 7, emerg. eff. May 27, 1992; Laws 2002, c. 50, § 2, eff. Nov. 1, 2002; Laws 2013, c. 254, § 28, eff. Jan. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-417.1. Special Occupational Health and Safety.

There is hereby created in the State Treasury a fund for the Department of Labor to be designated the "Special Occupational Health and Safety Fund". The fund shall be subject to legislative appropriation and shall consist of monies collected pursuant to Section 418 of Title 40 of the Oklahoma Statutes.
Added by Laws 1986, c. 223, § 24, operative July 1, 1986.
2023 Oklahoma Statutes › Title 40. Labor › §40-424. Qualifications for personnel of Department of Labor.

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.
Laws 1971, c. 356, § 1, emerg. eff. June 26, 1971.
2023 Oklahoma Statutes › Title 40. Labor › §40-435. Break time and accommodations for expressing milk or breast-feeding.

A. 1. An employer other than a state agency may provide reasonable unpaid break time each day to an employee who needs to breast-feed or express breast milk for her child to maintain milk supply and comfort. The break time, if possible, shall run concurrently with any break time, paid or unpaid, already provided to the employee. An employer is not required to provide break time under this section if to do so would create an undue hardship on the operations of the employer.
2. Every state agency shall allow an employee who is lactating reasonable paid break time each day to use the designated lactation room for the purpose of maintaining milk supply and comfort.
B. An employer may make a reasonable effort to provide a private, secure, and sanitary room or other location in close proximity to the work area, other than a toilet stall, where an employee can express her milk or breast-feed her child.
C. The Department of Health shall issue periodic reports on breast-feeding rates, complaints received, and benefits reported by both working breast-feeding mothers and employers.
D. As used in this section:
1. "Employer" means a person engaged in business who has one or more employees, including the state and any political subdivision of the state;
2. "Employee" means any person engaged in service to an employer in the business of the employer;
3. "Reasonable" means any effort that would not impose an undue hardship on the operation of the employer's business; and
4. "Undue hardship" means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.
Added by Laws 2006, c. 85, § 1, eff. Nov. 1, 2006. Amended by Laws 2020, c. 62, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 40. Labor › §40-451. Definitions

As used in the Oklahoma Asbestos Control Act:
1. "Friable asbestos material" means any material that contains asbestos of more than one percent (1%) or more that can be crumbled, pulverized or reduced to powder by hand pressure;
2. "Friable asbestos material abatement" means the removal, encapsulation or enclosure of friable asbestos containing material;
3. "Friable asbestos material encapsulation" means the application of a bonding agent called a sealant, which penetrates and hardens the asbestos material or covers the surface of the material with a protective coating, thus preventing fiber release from the asbestos material;
4. "Friable asbestos material removal" means the actual physical removal of any friable asbestos containing material from a facility, when the asbestos is either attached to or detached from any device or structure;
5. "Contractor" means any public or private entity that engages in friable asbestos containing material abatement in any facility in this state except private residences or apartment houses of less than six family units;
6. "Commissioner" means the Commissioner of Labor.
Added by Laws 1982, c. 101, § 1, eff. Oct. 1, 1982. Amended by Laws 1985, c. 270, § 1; Laws 1993, c. 145, § 265, eff. July 1, 1993; Laws 2016, c. 82, § 4, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-453. Powers and duties of Commissioner.

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;
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.
Added by Laws 1982, c. 101, § 3, eff. Oct. 1, 1982. Amended by Laws 1985, c. 270, § 3; Laws 1993, c. 145, § 266, eff. July 1, 1993; Laws 2015, c. 106, § 1, emerg. eff. April 20, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-454. Suspension, revocation or refusal to issue license - 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.
Added by Laws 1982, c. 101, § 4, eff. Oct. 1, 1982. Amended by Laws 1993, c. 145, § 270, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 40. Labor › §40-455. Inspections and investigations.

The Commissioner of Labor or an authorized representative shall have the power and authority to enter at reasonable times upon any property for the purpose of inspecting and investigating contractors relating to the abatement of any friable material containing asbestos pursuant to the Oklahoma Asbestos Control Act.
Added by Laws 1982, c. 101, § 5, eff. Oct. 1, 1982. Amended by Laws 1985, c. 270, § 4; Laws 1993, c. 145, § 268, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 40. Labor › §40-456. Violations - Penalties - Injunction

A. In addition to any administrative or civil penalty, any person who violates any of the provisions of the Oklahoma Asbestos Control Act or who violates any rule or order promulgated pursuant thereto shall be guilty of a misdemeanor and may be enjoined from continuing such action. Upon conviction thereof, the violator shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine of not less than One Hundred Dollars ($100.00), or both such fine and imprisonment. Each day's violations shall constitute a separate violation.
B. The Attorney General shall, upon request of the Commissioner, bring an action for injunction against any person violating any provision of the Oklahoma Asbestos Control Act or violating any order or determination of the Commissioner. In any action for injunction, any finding of the Commissioner, after notice, shall be prima facie evidence of the facts found therein.
C. A district attorney, upon request of the Commissioner, shall prosecute any violation of the Oklahoma Asbestos Control Act.
D. The Commissioner of Labor may promulgate rules establishing a schedule of administrative penalties and fines for violations of the Oklahoma Asbestos Control 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 Asbestos Control Act. Funds collected as payment from a violator for administrative fines imposed for a violation of the Oklahoma Asbestos Control Act shall be deposited to the Department of Labor Administrative Penalty Revolving Fund created in Section 3 of this act.
Added by Laws 1982, c. 101, § 6, eff. Oct. 1, 1982. Amended by Laws 1993, c. 145, § 269, eff. July 1, 1993; Laws 2016, c. 82, § 6, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-460.1. Rules for definition of “alteration”.

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.
Added by Laws 2000, c. 295, § 1, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 40. Labor › §40-460.2. Rules regarding amusement ride maintenance, inspection, and repair records.

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 amusement ride maintenance, inspection, and repair records.
B. Rules promulgated pursuant to subsection A of this section shall include the following language:
The owner of an amusement ride shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in the manner provided by the Commissioner of Labor. The records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.
Added by Laws 2000, c. 295, § 2, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 40. Labor › §40-460.3. Rules regarding use of signage – Definition of “sign”.

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 use of signage concerning amusement rides.
B. Rules promulgated pursuant to subsection A of this section shall include the following language:
1. An amusement ride owner shall display signs indicating the applicable safety responsibilities of riders as set forth by the Commissioner of Labor and the location of stations to report injuries. The signs must be located at:
a.
each station for reporting an injury,
b.
each first aid station, and
c.
at each premises entrance and exit;
2. An amusement ride owner shall post a sign at each amusement ride that includes:
a.
operational instruction, if any,
b.
safety guidelines for rider, if any,
c.
restrictions of the use of the amusement ride, if any,
d.
behavior or activities that are prohibited, if any, and
e.
a legend providing that "State law requires riders to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injuring themselves or others. Failure to comply is punishable by fine and imprisonment.";
3. Any sign required by this rule must be prominently displayed at a conspicuous location, clearly visible to the public and bold and legible in design; and
4. As used in this rule, "sign" means any symbol or language reasonably calculated to communicate information to a rider or the parent or guardian of a rider, including placards, prerecorded messages, live public address, stickers, pictures, video, verbal information, and visual signals.
Added by Laws 2000, c. 295, § 3, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 40. Labor › §40-461. Definitions.

As used in Sections 460 through 473 of this title:
1. "Amusement ride" means a device or combination of devices or elements that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment. Amusement ride includes any amusement park device that uses water as the means of transportation, including the structure of the device. Amusement ride does not include the operation of articles of husbandry incidental to any agricultural operation or the operation of amusement devices of a permanent nature which are subject to building regulations issued by cities or counties and existing applicable safety orders. Amusement ride shall be divided into the following four categories:
a.
"permanent amusement device" means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises,
b.
"temporary amusement device" means a device which is used as an amusement device that is regularly relocated with or without disassembly,
c.
"inflatable amusement device" means an inflatable amusement device as defined in Section 472 of this title, and
d.
"other amusement device" means amusement devices registered with the Department of Labor that have proof of insurance.
The Commissioner of Labor may, by administrative regulation, designate other rides and attractions that are not included in the definition of amusement ride;
2. "Operator" or "owner" means a person who owns or controls or has the duty to control the operation of an amusement ride and includes the state and every state agency, and each county, city and all private or public corporations and political subdivisions;
3. "Certificate of inspection" means a certificate issued by the Commissioner of Labor which indicates that an inspection of the ride has been performed pursuant to rules and regulations adopted by the Department of Labor; and
4. "Permanent amusement park ride" means an amusement ride which is stationary or cannot be easily moved and which is located on the same premises on which it is operated for no less than ninety (90) days.
Added by Laws 1982, c. 145, § 2. Amended by Laws 2003, c. 102, § 1, eff. Nov. 1, 2003; Laws 2008, c. 260, § 2, eff. July 1, 2008; Laws 2017, c. 330, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-462. Certificate of inspection - Inspections.

A. The Commissioner of Labor shall determine the date and frequency of inspections based on the type of amusement ride. No permanent or temporary amusement device may operate without an initial inspection. On or before a date specified by the Commissioner of Labor, an operator or owner shall apply for a certificate of inspection on a form furnished by the Commissioner of Labor.
B. "Other amusement devices" as defined in Section 461 of this title shall be registered annually with the Department of Labor, and the owner or operator shall provide to the Department of Labor proof of insurance as provided under Section 467 of this title. The Commissioner of Labor may promulgate rules providing for registration of such devices.
C. The owner or operator may make application to the Commissioner for less frequent inspections than are required under subsection B of this section. The Commissioner, upon investigation and/or hearing of the matter, may grant a waiver, provided equal public safety is maintained. Such waiver shall provide specific requirements for inspection in lieu of the requirements of subsection B of this section. The Commissioner shall promulgate rules for the determination of a waiver provided such rules place an affirmative responsibility on the owner/operator for the preservation of public safety.
D. The Commissioner of Labor may cause the inspection herein provided for to be made by the Commissioner's safety inspectors or by any qualified amusement ride inspector employed by an insurance company.
E. If, after inspection, an amusement ride is found to comply with the rules and regulations of the Commissioner of Labor, the Commissioner of Labor shall issue a certificate of inspection which shall authorize the operator or owner to operate the rides.
Added by Laws 1982, c. 145, § 3, eff. Oct. 1, 1982. Amended by Laws 1994, c. 272, § 6, operative July 1, 1994; Laws 2017, c. 330, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-463. Fees - Certification of rides - Certificate of insurance

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 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.
Added by Laws 1982, c. 145, § 4, eff. Oct. 1, 1982. Amended by Laws 1983, c. 101, § 1, emerg. eff. May 9, 1983; Laws 1991, c. 122, § 3, eff. July 1, 1991; Laws 1991, c. 215, § 15, eff. July 1, 1991; Laws 1993, c. 270, § 47, eff. Sept. 1, 1993; Laws 2016, c. 100, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-464. Notice of erection of ride or additions or alterations.

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.
Added by Laws 1982, c. 145, § 5.
2023 Oklahoma Statutes › Title 40. Labor › §40-465. Temporary cessation of ride - Orders - Enforcement.

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 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.
Added by Laws 1982, c. 145, § 6.
2023 Oklahoma Statutes › Title 40. Labor › §40-466. Modification of rules and regulations - Grounds.

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.
Added by Laws 1982, c. 145, § 7.
2023 Oklahoma Statutes › Title 40. Labor › §40-467. Liability insurance.

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.
Added by Laws 1982, c. 145, § 8, eff. Oct. 1, 1982. Amended by Laws 2000, c. 295, § 5, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 40. Labor › §40-468. Political subdivisions - Regulation of rides - 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.
D. The Commissioner of Labor may revoke the agreement or retain the right to monitor the inspection.
Added by Laws 1982, c. 145, § 9.
2023 Oklahoma Statutes › Title 40. Labor › §40-469. Violations - Penalties

A. Any violation of the provisions of Sections 460 through 468 of this title shall be a misdemeanor. Conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by not more than one (1) year in the county jail, or both such fine and imprisonment. Each day of violation shall constitute a separate offense.
B. The Commissioner of Labor may promulgate rules establishing a schedule of administrative penalties and fines for violations of Sections 460 through 468 of this title 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 Sections 460 through 468 of this title. Funds collected as payment from a violator for administrative fines imposed for a violation of Sections 463 through 468 of this title shall be deposited to the Department of Labor Administrative Penalty Revolving Fund created in Section 2 of this act.
Added by Laws 1982, c. 145, § 10. Amended by Laws 2016, c. 100, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-470. Department of Labor Administrative Penalty Revolving Fund

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 amusement ride safety pursuant to Sections 463 through 469 of Title 40 of the Oklahoma Statutes and the rules promulgated thereto. All monies accruing to the credit of the fund 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.
Added by Laws 2016, c. 100, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-482. Federal and private sector funds to be sought.

A. The Oklahoma Employment Security Commission shall seek any federal funds available for the implementation of the Jobs Recovery Program, including, but not limited to, funds available from grants or work and training programs.
B. The Oklahoma Employment Security Commission shall seek any private sector funds available for the implementation of the Jobs Recovery Program, including, but not limited to, funds available from donations or grants.
Added by Laws 1988, c. 219, § 2, emerg. eff. June 21, 1988.
2023 Oklahoma Statutes › Title 40. Labor › §40-483. Administration of Job Training Partnership Act - Transfer to Employment Security Commission.

The duties and responsibilities currently performed by the Oklahoma Department of Commerce with regards to administration of 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.
Added by Laws 1989, c. 313, § 11, operative July 1, 1989. Amended by Laws 1992, c. 19, § 1, emerg. eff. March 30, 1992; Laws 2014, c. 73, § 1, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 40. Labor › §40-500. Nonsmoking as condition of employment.

A. It shall be unlawful for an employer to:
1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours; or
2. Require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours.
B. Nothing in this section shall prohibit an employer from offering incentives to an employee to participate in wellness programs, including, but not limited to, smoking cessation programs, in conjunction with the employer providing the employee health insurance coverage.
Added by Laws 1991, c. 172, § 11, emerg. eff. May 8, 1991. Amended by Laws 1991, c. 295, § 3, emerg. eff. May 29, 1991; Laws 2013, c. 103, § 2, eff. Nov. 1, 2013, and c. 269, § 25, eff. Nov. 1, 2013.
NOTE: Laws 2013, c. 103, § 2 and Laws 2013, c. 269, § 25 made virtually identical changes to this section.