Title 40, Title 40 — Labor

In order to encourage the improvement and modernization of employment, training, and placement services for veterans, and to recognize local offices, divisions, or units of the Oklahoma Employment Security Commission for excellence in the provision of services to veterans, or for…

APPLICABILITY. This part shall apply to the maintenance and production of work records by employers. Added by Laws 1980, c. 323, § 4-501, emerg. eff. June 13, 1980.

EMPLOYING UNITS TO MAINTAIN RECORDS OPEN TO COMMISSION. Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Commission may prescribe. Such records shall be maintained for a period of four (4) years and sha…

SWORN OR UNSWORN REPORTS. The Commission, its authorized representatives, or the Board of Review may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which its authorized representatives deem necessary for the effective adminis…

subpoenas. OATHS, DEPOSITIONS, CERTIFICATIONS OF OFFICIAL ACTS AND SUBPOENAS. In the discharge of the duties imposed by the Employment Security Act of 1980, the Oklahoma Employment Security Commission, the chairman of an appeal tribunal, the members of the Board of Review, and an…

REFUSAL TO OBEY COMMISSION SUBPOENAS - JUDICIAL ORDERS. In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contu…

Commission subpoenas. PENALTIES FOR FAILURE TO ATTEND LAWFUL INQUIRIES OR OBEY COMMISSION SUBPOENAS. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other reco…

SELF-INCRIMINATION. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commission, the Board of Review, the chairman of an appeal tribunal, or any duly authorized representative of any …

INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE. A. Except as otherwise provided by law, information obtained from any employing unit or individual pursuant to the administration of the Employment Security Act of 1980, any workforce system program administered or monitored by th…

INFORMATION TO BE FURNISHED TO PUBLIC AGENCIES. A. Subject to such restrictions as the Oklahoma Employment Security Commission may by rule prescribe, information maintained by the Commission may be made available to any agency of this or any other state, or any federal agency, ch…

bank. COMMISSION MAY REQUEST EXAMINATION OF RETURN OF NATIONAL BANK. The Commission may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the pro…

slander or libel. COMMUNICATIONS TO COMMISSION PRIVILEGED - NOT SUBJECT TO SLANDER OR LIBEL. All letters, reports, communications and other matters, written or oral from employer or former employer or claimant, to the Commission or any of its agents or to any board which have bee…

APPLICABILITY. This part shall apply to the Employment Security Administration Fund. Added by Laws 1980, c. 323, § 4-601, emerg. eff. June 13, 1980.

FUND CREATED. There is hereby created in the State Treasury a special fund to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commission for expenditure in accordance with the pr…

MONEYS EXPENDED IN ACCORDANCE WITH SECRETARY OF LABOR. All moneys in this fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Part 8 of this Article shall be expended by the Commission sol…

COMPOSITION OF FUND. The fund shall consist of all moneys appropriated by this state, all moneys received from the United States of America, or any agency thereof, and all moneys received from any other source for such purpose, and shall also include any moneys received from any …

MAINTENANCE OF ADMINISTRATIVE FUND. All monies in this fund shall be deposited in a special fund in the State Treasury. Such monies shall be secured by collateral in the full amount of the funds on deposit in the same kind and manner the State Treasurer is required to secure othe…

STATE TREASURER LIABLE ON OFFICIAL BOND. The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Employment Security Administration Fund provided for under this act. Such liability on the official bond shall be ef…

REIMBURSEMENT OF FUND. This state recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future, and applied to the replacement of any moneys received after July 1, 1941, from the Secretary of Labor under Title III of t…

REED ACT DISTRIBUTIONS. A. Monies credited to the account of this state in the Unemployment Trust Fund, described in Section 3-605 of this title, by the Secretary of the Treasury of the United States pursuant to 42 U.S.C., Section 1103, may be used for the payment of unemployment…

APPLICABILITY. This part shall apply to reciprocal arrangements with agencies of other states, of the federal government, or with foreign governments. Added by Laws 1980, c. 323, § 4-701, emerg. eff. June 13, 1980.

RECIPROCAL ARRANGEMENTS AUTHORIZED. The Commission is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby: 1. Services performed by an individual for a single employin…

REIMBURSEMENTS TO BE DEEMED BENEFITS. Reimbursements paid from the fund pursuant to subsection (3) of Section 4-702 of this act shall be deemed to be benefits for the purpose of this act. The Commission is authorized to make to other state or federal agencies and to receive from …

COOPERATION AUTHORIZED. The administration of this act and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and such other states and the appropriate federal agencies in exchanging services,…

COOPERATIVE ARRANGEMENTS WITH FOREIGN GOVERNMENTS. To the extent permissible under the laws and Constitution of the United States, the Commission is authorized to enter into or cooperate in arrangements whereby facilities and services provided under the unemployment compensation …

APPLICABILITY. This part applies to the Oklahoma State Employment Service. Added by Laws 1980, c. 323, § 4-801, emerg. eff. June 13, 1980.

ESTABLISHMENT. The Oklahoma State Employment Service is hereby established in the Employment Security Division of the Commission. The Commission, in the conduct of such service, shall establish and maintain free public employment offices in such number and in such places as may b…

Administration. MONEYS TO BE PAID INTO THE EMPLOYMENT SECURITY ADMINISTRATION FUND. All moneys received by this state under the Wagner-Peyser Act shall be paid into the Employment Security Administration Fund and shall be expended solely for the maintenance of the state system of…

COOPERATIVE AGREEMENTS. For the purpose of establishing and maintaining free public employment offices, and promoting the use of their facilities, the Commission is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States, o…

There is hereby created in the State Treasury a revolving fund for the Oklahoma Employment Security Commission, to be designated the "Oklahoma Employment Security Commission Revolving Fund". The revolving fund shall consist of all penalties and interest received by the Oklahoma E…

Sections 401 through 424 of this title shall be known and may be cited as the Oklahoma Occupational Health and Safety Standards Act. Amended by Laws 1984, c. 147, § 1, operative July 1, 1984.

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 a…

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…

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 empl…

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 fis…

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 limit…

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 p…

A. The Commissioner shall administer and enforce the provisions of the Oklahoma Occupational Health and Safety Standards Act. 1. It is not intended that the Oklahoma Occupational Health and Safety Standards Act be an issue or be involved in any labor dispute, or be used or assert…

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.…

The following is declared to be the public policy of the state:Occupation 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 a…

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 …

The Commissioner shall establish within the Department an experienced and competent staff to discharge the duties and responsibilities provided in Sections 13 through 17 of this act. Laws 1970, c. 287, § 16, operative July 1, 1970.

(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 …

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…

- Disposition of funds. (1) Each insurance carrier writing workers' compensation insurance in this state and each self-insured employer authorized to make workers' compensation payments directly to employees shall pay to the Oklahoma Tax Commission up to a sum equal to three-four…

Any employer or insurance company willfully failing to comply with any of the provisions of Sections 17 and 18 is guilty of a misdemeanor. Laws 1970, c. 287, § 19, operative July 1, 1970.

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 employe…

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…

Sections 265 through 270 of this act shall be known and may be cited as the "Oklahoma Asbestos Control Act". Added by Laws 1993, c. 145, § 264, eff. July 1, 1993.

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 …