reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-9 - Objection to inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon a
					refusal to permit the PEOSH Inspector, in exercise of this official duties, to
					enter without delay and at reasonable times any place of employment or any
					place therein, to inspect, to review records, or to question any employer,
					operator, agent, or employee, in accordance with 380:40-1-8 or to permit a
					representative of employees to accompany the PEOSH Inspector during the
					physical inspection of any workplace in accordance with 380:40-1-12(a), the
					PEOSH Inspector shall terminate the inspection or confine the inspection to
					other areas, conditions, structures, machines, apparatus, devices, equipment,
					materials, records, or interviews concerning which no objection is raises. The
					PEOSH Inspector shall endeavor to ascertain the reason for such refusal, and
					shall immediately report the refusal and the reason therefor to the Director,
					PEOSH Division, hereafter referred to as "Director" If in the Director's
					opinion, such refusal is without good cause, the same shall be considered a
					violation of the Act and these Rules, and may subject the employer to citation.
					The Director shall consult with the Legal Division, who shall take appropriate
					action, including obtaining an emergency Order from the Commissioner,
					pursuantto 40 O.S.  §
								410(F),  if necessary.
(b) A subpoena or Order of the Commissioner,
					may be obtained in advance of an attempted inspection or investigation if, in
					the judgment of the Director and the Legal Division, circumstances exist which
					make such pre-inspection process necessary. Some examples of circumstances in
					which it may be necessary to seek such an Order in advance of an attempted to
					inspect or investigate include (but are not limited to):
(1) When the employer's past practice either
					implicitly or explicitly puts the Oklahoma Department of Labor on notice that
					an inspection will not be allowed, absent specific Order of the
					Commissioner;
(2) When an
					inspection is scheduled far from the local office and procuring a subpoena or
					other Order of the Commissioner prior to leaving to conduct the inspection
					would avoid, in case of refusal of entry, the expenditure of significant time
					and resources to return to the office, obtain an Order, and return to the work
					site;
(3) When an inspection
					includes the use of special equipment or when the presence of an expert or
					experts is needed in order to properly conduct the inspection, and procuring an
					Order prior to an attempt to inspect would alleviate the difficulties or costs
					encountered in coordinating the availability of such equipment or
					expert.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-10 - Advance notice of inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Advance notice of inspections may not be given, except in the following situations:
(1) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible:
(2) in circumstances where the inspection can most effectively be conducted after regular business hours where special preparations are necessary for an inspection;
(3) where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and
(4) in other circumstances where the Director determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-11 - Conduct of inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Inspections shall take place at such times and in such places of employment as the Director or the PEOSH Inspector may direct. At the beginning of an inspection, PEOSH Inspectors shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records they wish to review. However, such designation of records shall not preclude access to additional records as necessary.
(b) PEOSH Inspectors shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, operator, agent or employee of an establishment. As used herein, the term "employ other reasonable investigative techniques" includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges and other similar devises to employees in order to monitor their exposures.
(c) In taking photographs and samples, PEOSH Inspectors shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. PEOSH Inspectors shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.
(d) The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.
(e) At the conclusion of an inspection, the PEOSH Inspectors shall confer with the employer or representative and informally notify them of any apparent safety or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the PEOSH Inspector any pertinent information regarding conditions in the workplace.
Added at 16 Ok Reg 3023, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-12 - Representatives of employers and employees

Current through Vol. 41, No. 20, July 1, 2024
(a) PEOSH
					Inspectors shall be in charge of inspections and questioning of persons. A
					representative of the employer and an authorized employee representative shall
					be given an opportunity to accompany the PEOSH Inspector during the physical
					inspection an any workplace for the purpose of aiding such inspection.
					Different employer and employee representatives may accompany the PEOSH
					Inspector during each different phase of an inspection provided that it does
					not interfere with the conduct of the inspection.
(b) The representative(s) authorized by
					employees shall be an employee(s) of the employer. However, if in the judgment
					of the PEOSH Inspector, good cause has been shown why accompaniment by a third
					party who is not an employee of the employer (such as an industrial hygienist
					or safety engineer) is reasonably necessary to the conduct of an effective and
					thorough physical inspection of the workplace, such third party may accompany
					them during the inspection.
(c)
					PEOSH Inspectors are authorized to deny the right of accompaniment under this
					section to any person whose conduct interferes with a fair and orderly
					inspection.
Added at 16 Ok Reg 3023, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-13 - Consultation with employees

Current through Vol. 41, No. 20, July 1, 2024
PEOSH Inspectors may consult with employees concerning matters of occupational safety and health to the extent they deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, employees shall be afforded an opportunity to bring any violation of the Act which they have reason to believe exists in the workplace to the attention of the PEOSH Inspector.
Added at 16 Ok Reg 3023, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-15 - Imminent danger

Current through Vol. 41, No. 20, July 1, 2024
Whenever and as soon as a PEOSH Inspector concludes on the basis of an inspection that conditions or practices exist in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act, the affected employees and employers shall be informed of the danger and that a civil action is recommended to restrain such conditions or practices and for other appropriate relief in accordance with the provisions of the Act. Appropriate citations may be issued with respect to an imminent danger when though, after being informed of such danger by the PEOSH Inspector the employer immediately eliminates the imminence of the danger and initiates steps to abate such danger.
Added at 16 Ok Reg 3023, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-16 - Citations

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon determination that the employer has violated a standard, rule or order promulgated pursuant to the Act, or of any substantive rule published in this chapter, the PEOSH Inspector shall issue to the employer a citation.
(b) An appropriate citation shall be issued even though after being informed of an alleged violation by the PEOSH Inspector, the employer immediately abates, or initiates steps to abate, such alleged violation. No citation may be issued under this section after the expiration of 6 months following the occurrence of any alleged violation.
(c) Any citation shall describe with particularity the nature of the alleged violation, including a reference to the provision(s) of the Act, standard, rule, or regulation, alleged to have been violated. Any citation shall also fix a reasonable time or times for the abatement of the alleged violation.
(d) No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger.
(e) Violations of the Act shall be classified as follows:
(1) Serious: a condition creating substantial probability that death or serious physical harm could result. The condition is the result of one or more practices, means, methods, operations, or processes that have been adopted or are in use, unless the employer did not, and could not with the exercise of reasonable diligence, know of the condition that is the basis of the violation.
(2) Other than serious: the most serious injury or illness that would be the likely result of the violation cannot reasonably be predicted to cause death or serious physical harm to exposed employees, but does have a direct and immediate relationship to the employees' safety and health.
(3) Willful: a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.
(4) Repeated: the employer has been cited previously for the same or a substantially similar condition within the past five years.
(5) Regulatory: the violation involves posting requirements or injury and illness recordkeeping requirements.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-17 - Request for extensions of abatement date(s)

Current through Vol. 41, No. 20, July 1, 2024
(a) An employer
					may file a request for extension of abatement date(s) when a good faith effort
					to comply with the abatement requirements of a citation has been attempted, but
					such abatement has not been completed because of factors beyond the employers
					reasonable control.
(b) A request
					for extension of abatement date(s) shall be in writing and shall include the
					following information:
(1) All steps taken by
					the employer, and the dates of such action, in an effort to achieve compliance
					during the prescribed abatement period.
(2) The specific additional abatement time
					necessary in order to achieve compliance.
(3) The reasons such additional time is
					necessary, including the unavailability of professional or technical personnel
					or of materials and equipment, or because necessary construction or alteration
					of facilities cannot be completed by the original abatement date.
(4) available interim steps are being taken
					to safeguard the employees against the cited hazard during the abatement
					period.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-18 - Failure to correct a violation for which a citation has been issued

Current through Vol. 41, No. 20, July 1, 2024
(a) If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for correction, the employer may be commanded to appear before the Commissioner or her designee for hearing on the citation. The Director shall notify the employer by certified mail of the time and place of such hearing.
(b) At the hearing, the employer will be given an opportunity to show cause why the employer has failed to correct the violation(s), or to show that the citation was invalid, or that the alleged violation(s) do not in fact exist.
Added at 16 Ok Reg 3023, eff 7-12-99; Amended at 20 Ok Reg 2700, eff 8-12-03
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-19 - Abatement verification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Abatement certification.
(1)
					Within ten (10) calendar days after the abatement date, the employer must
					certify to the Oklahoma Department of Labor-PEOSH Division that each cited
					violation has been abated.
(2) The
					employer's certification that abatement is complete must include, for each
					cited violation, the date and method of abatement.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-20 - Consultation procedures for public sector

Current through Vol. 41, No. 20, July 1, 2024
(a) Experiences
					with OSHA consultation in the private sector have shown that employers who make
					a management commitment to safety and health and involve employees in the
					development and implementation of a safety and health program show far greater
					results toward the long term reduction of accidents, injuries and illnesses in
					the workplace. The Oklahoma Department of Labor recognizes that voluntary
					compliance and a pro-active approach to safety and health with emphasis on a
					holistic safety and health program is more effective than traditional
					enforcement methods. Therefore, it is the intent of the PEOSH Division to not
					only enforce safety standards and regulations, but to assist public employers
					with voluntarily implementing effective safety and health programs.
(b) PEOSH Inspectors, at the request of the
					employer, may conduct on-site consultation visits for the purposes of providing
					information, literature and guidance to the employer on requirement or safety
					and health standards, implementation of safety and health program elements,
					record keeping assistance and written program requirements. However, if during
					a consultation visit, a PEOSH Inspector identifies violation(s) of the
					referenced federal standards, national consensus standards, or state law, a
					citation shall be issued in accordance with section 380:40-1-16.
Added at 16 Ok Reg 3023, eff 7-12-99; Amended at 26 Ok Reg 2259, eff 7-1-09
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-21 - Authority over volunteers

Current through Vol. 41, No. 20, July 1, 2024
Volunteer fire departments that exist as a subdivision of a larger municipal organization are within Oklahoma Department of Labor jurisdiction if that larger municipal organization employs one or more paid workers. In such cases, the inspection and enforcement jurisdiction of ODOL extends to all duties performed by any worker or volunteer on behalf of the Volunteer Fire Department. For purposes of this Chapter, "fire department" means any duly constituted fire department operating under the authority of Title 11 fire departments or Title 19 fire protection districts meeting the definition of employer. Industrial fire brigades are excluded from this definition. However, fire departments and industrial fire brigades are covered by regulations of other agencies. For purposes of injury and illness recordkeeping and the Public Sector Survey, injuries occurring to those employees who are classified as volunteers are not recordable and are not included in the survey.
Added at 16 Ok Reg 3023, eff 7-12-99; Amended at 17 Ok Reg 885, eff 8-3-99 (emergency); Amended at 17 Ok Reg 886, eff 12-16-99 (emergency); Amended at 17 Ok Reg 2994, eff 7-14-00; Amended at 26 Ok Reg 2259, eff 7-1-09
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-22 - Safety programs

Current through Vol. 41, No. 20, July 1, 2024
(a) Definitions
(1) "Safety training" means instruction in safety and/or health and includes, but is not limited to videos, audio tapes, books, brochures, handouts, slides, classroom instruction or lectures, and in-service training such as tailgate sessions.
(2) "Safety coordinator" means an employee who has been designated by an employer to coordinate all safety programs of the employer.
(3) "Safety programs" means those employer activities that:
(A) Implement management, leadership, and employee involvement;
(B) Implement procedures for identifying and controlling workplace hazards;
(C) Develop and communicate safety plans, rules and work procedures; and
(D) Conduct or provide for training for all employees in safe and healthful work practices.
(4) "Type or class of employee" means the occupation, activity, standard industry designation or other characteristic of employees that has a bearing on the nature or extent of workplace hazards to which they are or may be exposed.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-23 - Safety Pays OSHA Consultation Services-Private Sector

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
Pursuant to 40 O.S. §
								414 et seq., the Occupational Safety and Health Consultation Program for private employers is designed to provide comprehensive safety and health services to Oklahoma employers in accordance with Title 29 of the U.S. Code of Federal Regulations, Part 1908, Consultation Agreements, the current U.S. DOL, OSHA Consultation Policies and Procedures Manual ("CPPM"), and in compliance with Section (6) of  Public Law 91-596, also known as the Williams-Steiger Occupational Safety and Health Act of 1970 ( 29 U.S.C.A. § 655 ), and the Consultation and Cooperative Agreements pursuant to Section 21(d) of 29 U.S.C. §
									656. This Consultation Program is independent of federal enforcement, and the services are provided at no cost to the employer. The program services are supported by Federal and State Funds. ODOL is able to provide this consultation service in accordance with 29 CFR 1908 through the Cooperative Agreement to further the goal of preventing the occurrence of injuries and illnesses which may result from exposure to hazardous workplace conditions and from hazardous work practices. Private employers who qualify and successfully complete the Safety Pays OSHA Consultation Services may be eligible for a tax exemption of One Thousand Dollars ($1,000.00) for the tax year in which the program is successfully completed.
(b)
Program Eligibility.
An employer must meet the employer eligibility criteria pursuant to the CPPM in order to qualify for certain recognition and incentive programs in connection with the consultation services. These programs are geared for small businesses, in high-hazard industries. Due to frequent Federal updates and revisions, it is best to contact ODOL OSHA Consultation Division to verify the most up-to-date specific eligibility requirements.
(c)
On-Site Consultation Services.
Consultation visits will be performed in accordance with 29 CFR 1908 and the current US DOL Consultation Policies and Procedures Manual. Onsite consultation visits will be performed based on the scope of the employers request for services. The employer may limit, expand the scope of, or terminate the visit at anytime. The visit shall be followed by a written report to the employer with evaluations and recommendations to improve the health and safety of the employees. A follow-up consultation visit may be required in some cases, depending on the identified hazard and/or the particular recognition and incentive program being followed. The on-site consultation visits have a structured format which include:
(1) an opening conference;
(2) a survey of the physical workplace;
(3) safety and health program assessment;
(4) an employee exposure monitoring as necessary; and
(5) a closing conference.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-24 - Fines

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to citations issued under OAC
					380:40-1-16, the Commissioner of Labor, or his or her designee, may issue an
					administrative fine for any and all violations of the Oklahoma Occupational
					Health and Safety Standards Act. All monies collected for violations of the
					Oklahoma Occupational Health and Safety Standards Act shall be deposited to the
					Department of Labor Administrative Penalty Revolving Fund for transfer to the
					General Revenue Fund. The following schedule of fines shall apply on a
					per-violation, per-day basis:
(1) Serious: up
					to $1,000.00
(2) Other than
					serious: up to $500.00
(3) Willful:
					up to $5,000.00
(4) Repeated: up to
					$5,000.00
(5) Regulatory: up to
					$500.00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 1 - General Provisions › Section 380:41-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 40 O.S. §
									401 et seq. and 36 O.S. §
									924.2, this program is designed to provide an incentive for Oklahoma public and private sector employers to reduce workers' compensation claims by the development, implementation, and continuous improvement of an effective workplace safety and health program.
Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 1 - General Provisions › Section 380:41-1-2 - Program eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) An employer requesting to pursue the process leading to Workers Compensation Premium Reduction (WCPR) must meet the following criteria:
(1) Private sector employers must:
(A) Employ not more than 250 employees at a single site and not more than 500 total employees at all sites controlled nationwide.
(B) Secure a Workers' Compensation Insurance Policy from a private insurance carrier or the Oklahoma State Insurance Fund, or be self insured. Note: employers who secure their workers' compensation insurance through a group self insurance program are not eligible to participate.
(C) Have an experience modifier of greater than 1.0attached to their current workers' compensation insurance policy.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 1 - General Provisions › Section 380:41-1-3 - Program requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Employer responsibilities.
Employers requesting initial pursuit of WCPR Certification must agree to the following requirements for each facility covered by the workers' compensation policy:
(1) 60 days prior to the Workers' Compensation Policy Renewal Date, the employer must request a full service survey from the Oklahoma Department of Labor (ODOL) OSHA Division for each facility covered by the workers' compensation policy.
(2) The employer must work withODOL program for a period of at least one year (participation year) from the date of the initial visit, during which time the employer must:
(A) Correct all identified safety and health hazards and provide the ODOL with written confirmation that all hazards have been corrected.
(B) Implement all elements of an effective safety and health program.
(C) Involve employees in the development, operation, and improvement of all elements of the workplace safety and health program and in the decisions that affect their safety and health.
(D) Experience zero lost workday claims for the participation year or reduce dollar amount or severity of claims by 10% as compared to the claims incurred during the preceding year.
(E) Reduce Lost Work Day Injury (LWDI) rate to at or below the National Average for their industryor reduce by 1/3 the amount the national average was exceeded during the comparison year.
(3) During the Participation year, the employer must consult in advance with the ODOL OSHA Division on any changes in working conditions or work processes which might introduce new hazards into the workplace.
(4) In the last quarter of the participation year, the employer must request a second full service visit from the OSHA Division.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 3 - Program Certification Procedures › Section 380:41-3-1 - Initial qualification procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Employers will be informed that in order to pursue WCPR they must undergo a comprehensive safety and health visit and work with the OSHA Division over at least a one year period to meet the program requirements listed in 380:41-1-3.
(b) All private sector visits related to WCPR will operate in accord with 29 CFR 1908, Consultation Agreements, the Consultation Policies and Procedures Manual and the approved Cooperation Agreement between the U.S. Department of Labor and the State of Oklahoma Department of Labor.
(c) All public sector visits related to WCPR will operate in accord with OAC 380:40-1-20.
(d) Establishments pursuing WCPR approval will receive a comprehensive survey covering all conditions and operations at each establishment covered by the workers' compensation policy.
Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 3 - Program Certification Procedures › Section 380:41-3-2 - Onsite visits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Opening Conference.
In the opening conference, the consultant will review the employer's request for participation in the WCPR program. The consultant will review the program requirements with the employer to ensure that the employer understands the commitment necessary to pursue WCPR.
(b)
Full service visit.
A full service visit will include a survey of each facility covered by the workers' compensation policy covering all operations, including a complete safety and health program review. The consultant will discuss with the employer the elements of an effective program.
(c)
Closing requirements.
In the closing conference, the consultant will:
(1) Describe the hazards identified during the survey;
(2) Discuss possible methods of correction;
(3) Describe the adequacies and deficiencies of the employer's workplace safety and health program;
(4) Discuss with the employer the extent to which additional onsite visits may be needed during the participation period prior to the comprehensive review to provide additional assistance;
(5) Develop a schedule for one or more such visits, as needed;
(6) The employer will also be reminded that, at the end of the participation year (or longer) period, the employer is responsible for requesting a second full service visit for final, onsite evaluation of WCPR approval.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 3 - Program Certification Procedures › Section 380:41-3-3 - Administrative and documentation procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon review of the initial application, a letter confirming participation will be sent to the employer. A letter is sent notifying the carrier and a case file and record is established.
(b) Once all cases are closed (all hazards are corrected and all program indicators are in place), a letter is sent notifying the company of the completion of the consultation phase and the waiting period preceding the performance review.
(c) Claims and injury/illness data are requested from the employer approximately 6 months after the close of the participation year.
(d) Unit statistical data are requested for the comparison and participation years from National Council on Compensation Insurance (NCCI). This information is generally not available until 9 months after the close of the participation year.
(e) Performance review is conducted and certificate or letter of ineligibility is sent to the employer and the carrier.
Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 3 - Program Certification Procedures › Section 380:41-3-4 - Submission of WCPR requests for approval and certificate issuance

Current through Vol. 41, No. 20, July 1, 2024
(a) When the employer has met all requirements for final approval, the OSHA Division will submit the employer's request to the Commissioner of Labor.
(b) On receipt of written verification that the employer has met all of the requirements for WCPR approval, the Commissioner of Labor will issue a signed WCPR certificate to the employer, which will reflect the company's successful participation year.
Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 3 - Program Certification Procedures › Section 380:41-3-5 - Workers' compensation insurance premium reduction

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Department of Labor will mail a copy of the certificate to the employer's insurance carrier so that the appropriate premium reduction is applied to their next policy year.
(b) The premium reduction schedule shall be as follows:
(1) $1 to $5000 premium rate: 15% reduction
(2) $5001 to $29,000 premium rate: 14% reduction
(3) $29,001 to $53,000 premium rate: 13% reduction
(4) $53,001 to $77,000 premium rate: 12% reduction
(5) $77,001 to $101,000 premium rate: 11% reduction
(6) $101,001 and up premium rate: 10% reduction
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 5 - Follow-Up Procedures › Section 380:41-5-1 - Renewal of program certification

Current through Vol. 41, No. 20, July 1, 2024
Employers granted initial WCPR approval may apply for renewal during the last quarter of the one year approval period. At the time that the renewal comes up, consultants must conduct a complete onsite safety and health survey to ensure that the employer meets all the requirements for WCPR approval.
Added at 16 Ok Reg 3029, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 5 - Follow-Up Procedures › Section 380:41-5-2 - Failure to meet or maintain requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) An employer's WCPR certification may be terminated if the ODOL determines that the employer's failure to meet or maintain requirements represents a lack of good faith in relation to those requirements and/or a significant reduction in worker protection. Except in egregious cases, the employer should be given the opportunity to withdraw from the program, rather than be terminated.
(b) The following are some specific situations in which an employer may be terminated from the WCPR program:
(1) The employer fails to maintain the elements of the safety and health program in a way that significantly reduces worker protection and/or reflects an inadequate commitment to the program.
(2) A work-related fatality or catastrophe investigation results in the issuance of a citation for a violation that directly contributed to the cause of the fatality/catastrophe.
(3) The employer does not provide complete and timely written verification of serious hazard correction, or an onsite visit verifies that a serious hazards continue to go uncorrected.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 5 - Follow-Up Procedures › Section 380:41-5-3 - Automatic termination from WCPR program

Current through Vol. 41, No. 20, July 1, 2024
(a) At unionized work-sites, if the union representatives object to the site's involvement in WCPR, the employer will be advised that WCPR certification cannot be pursued or must be terminated until such time as a labor-management agreement is reached on the matter.
(b) Establishments that are physically relocated will be automatically dropped from the program. Employers must return the WCPR Certificate and reapply at their new location.
Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 41 - Workers Compensation Premium Reduction Program › Subchapter 5 - Follow-Up Procedures › Section 380:41-5-4 - Termination Procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) The employer will be notified in writing of the agency's final decision to terminate WCPR certification, the reason(s) for the decision, and the requirements for re-certification.
(b) If the reason for termination is the employer's failure to correct serious hazards or standards violations, appropriate referral to the authority having jurisdiction may be made.
Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 380:45-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 380:45-1-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 380:45-1-3 - Findings of the Commissioner of Labor [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 380:45-1-4 - Provisions of these regulations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Amended at 18 Ok Reg 3520, eff 9-14-01; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 380:45-1-5 - Exclusions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 380:45-1-6 - Applicable national standards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 2 - Hazard Determination [Revoked] › Section 380:45-2-1 - Applicability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 2 - Hazard Determination [Revoked] › Section 380:45-2-2 - Hazard determination methods [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-1 - Chemical inventory lists [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-2 - Material safety data sheets [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-3 - MSDS and labeling chemicals provided by research laboratories to other employers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-4 - CIL and MSDS review [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-5 - Access to written records: availability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-6 - Labeling [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Amended at 18 Ok Reg 3520, eff 9-14-01; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-7 - Training and information program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 3 - Employer Responsibilities [Revoked] › Section 380:45-3-8 - Written hazard communication program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 5 - Fire Safety [Revoked] › Section 380:45-5-1 - List of work areas: facility map [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 5 - Fire Safety [Revoked] › Section 380:45-5-2 - Supply of information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 5 - Fire Safety [Revoked] › Section 380:45-5-3 - Confidentiality of information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 5 - Fire Safety [Revoked] › Section 380:45-5-4 - Research laboratory [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 5 - Fire Safety [Revoked] › Section 380:45-5-5 - Placarding [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Amended at 18 Ok Reg 3520, eff 9-14-01; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 5 - Fire Safety [Revoked] › Section 380:45-5-6 - Procedure for non-compliance [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 7 - Employee Rights and Responsibilities [Revoked] › Section 380:45-7-1 - Employee protection [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 7 - Employee Rights and Responsibilities [Revoked] › Section 380:45-7-2 - Disciplinary action [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 7 - Employee Rights and Responsibilities [Revoked] › Section 380:45-7-3 - Hazardous exposure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 9 - Trade Secrets [Revoked] › Section 380:45-9-1 - Chemical manufacturer trade secret [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 9 - Trade Secrets [Revoked] › Section 380:45-9-2 - Information provided to purchaser [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 9 - Trade Secrets [Revoked] › Section 380:45-9-3 - Physician information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 9 - Trade Secrets [Revoked] › Section 380:45-9-4 - MSDS [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 11 - Enforcement [Revoked] › Section 380:45-11-1 - Enforcement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 13 - Effective Dates [Revoked] › Section 380:45-13-1 - Hazardous material containers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 13 - Effective Dates [Revoked] › Section 380:45-13-2 - Employer compliance [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 13 - Effective Dates [Revoked] › Section 380:45-13-3 - Political subdivision [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 15 - Asbestos Notice and Labeling [Revoked] › Section 380:45-15-1 - Labeling [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 15 - Asbestos Notice and Labeling [Revoked] › Section 380:45-15-2 - Asbestos notice [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg 3143, eff 7-27-00; Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 15 - Asbestos Notice and Labeling [Revoked] › Section 380:45-15-3 - School inspections [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg 1878, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 17 - Resource Information [Revoked] › Section 380:45-17-1 - Data sources [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 45 - Oklahoma Hazard Communication Standard [Revoked] › Subchapter 17 - Resource Information [Revoked] › Section 380:45-17-2 - Organization standards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg 3143, eff 7-27-00