Title 40, Title 40 — Labor

A. No contractor shall abate any friable material containing asbestos without having first obtained a license to do so from the Commissioner of Labor. The Commissioner shall issue an asbestos abatement license to a qualified contractor upon proper application, as determined by th…

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 aba…

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 …

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 t…

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 actio…

Any court of competent jurisdiction, after having determined that any employer in this state is not fulfilling contracts made through employment agents, may order all employment agents in the state to refuse further service to such employer. Added by Laws 1917, c. 181, p. 342, § …

The Commissioner of Labor shall promulgate rules and regulations for the safe installation, repair, maintenance, use, operation and inspection of all amusement rides necessary for the protection of the general public using amusement rides. Added by Laws 1982, c. 145, § 1.

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 g…

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…

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 g…

Definition of “rider”. 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 …

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…

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…

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…

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 pla…

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 Co…

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 specifyin…

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 La…

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 w…

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 imprisonme…

employment through employment agency. Every person, company, corporation or association doing business in this state, who shall have persons brought into this state or transferred from one point to another within the state, for the purpose of employment through or by means of any…

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 admin…

A. As used in this section: 1. “ASTM Standards” means the American Society for Testing of Materials International (ASTM) standards entitled “Standard Practice for Ownership and Operation of Amusement Rides and Devices” currently designated F 770, and any amendments, supplements, …

Any rules promulgated pursuant to Section 471 of Title 40 of the Oklahoma Statutes, repealed by Section 3 of this act, shall be null and void and shall have no effect. Added by Laws 2009, c. 179, § 2.

jobs included in program - Criteria for work experience assignments - Public projects contracted by private sector contractor which may be included - Eligible participants - Voluntariness of participation. A. There shall be established a Jobs Recovery Program in accordance with t…

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 shal…

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 personn…

APPLICABILITY. This part applies to penalties for violations of this act. Added by Laws 1980, c. 323, § 5-101, eff. July 1, 1980.

material fact. FALSE STATEMENT FOR BENEFITS, FAILURE TO DISCLOSE MATERIAL FACT. A. Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act or under t…

VIOLATIONS BY EMPLOYERS. Any employer or any officer or agent of an employer or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individua…

penalty is otherwise provided. VIOLATIONS OF ACT, AND REGULATIONS FOR WHICH NO SPECIFIC PENALTY IS OTHERWISE PROVIDED. Any person who shall willfully violate any provision of this act or any order, rule, or regulation thereunder, the violation of which is made unlawful or the obs…

WRONGFUL DISCLOSURE OF INFORMATION. If any employee or member of the Board of Review or the Oklahoma Employment Security Commission or any employee of the Commission, or any employee of a governmental unit, private business or nonprofit entity that is allowed access to informatio…

OTHER PENALTIES IN THIS ACT. Other penalties are provided in the following sections of this title: Employer violations of employee rights - Section 2-301 Impermissible charges to claimants - Section 2-302 Disqualification of benefit claims for fraud - Section 2-402 Recovery of be…

APPLICABILITY. The provisions of this part apply to representation in court in civil or criminal actions of this act. Added by Laws 1980, c. 323, § 5-201, eff. July 1, 1980.

CIVIL ACTIONS. In any civil action to enforce the provisions of this act the Commission, the Board of Review, and the state may be represented by any qualified attorney who is employed by the Commission and is designated by it for this purpose, or at the Commission's request by t…

CRIMINAL ACTIONS. All criminal actions for violation of any provisions of this act, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the Attorney General of the state, or by the prosecuting attorney of any county in which the employing unit has a pla…

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 nonworkin…

The provisions of Sections 11 through 14 of this act shall not be construed to prevent an employer from prescribing conditions with regard to smoking while on the job or on the premises of the employer. Added by Laws 1991, c. 172, § 12, emerg. eff. May 8, 1991.

occupational requirement or part of collective bargaining agreement. The provisions of Sections 11 through 14 of this act shall not apply when the restriction on smoking relates to a bona fide occupational requirement or an applicable collective bargaining agreement which prohibi…

A. The sole remedy for any individual claiming to be aggrieved by a violation of Section 11 of this act shall be a civil action for damages which shall include all wages and benefits deprived the individual by reason of the violation. B. The court shall award the prevailing party…

For the purpose of and when used in this act: (a) "Employee", as used in this act, shall mean any person performing or applying for work or service of any kind or character for hire. (b) "Employer" shall mean any person employing or seeking to employ any person for hire. (c) "Fee…

(a) The service fee charged for helping to secure permanent employment shall not exceed the following schedule: Fifteen percent (15%) of the first full month's gross compensation if the position pays Seventy-nine Dollars and ninety-nine cents ($79.99) or less; twenty percent (20%…

(a) Every employment agency shall enter into a written agreement with every applicant for services to be rendered and the time and method of payment, and on which there shall appear the definition of "Temporary Employment", "Permanent Employment" and "Method of Payment". Provided…

Sections 551 through 563 of this title shall be known and may be cited as the "Standards for Workplace Drug and Alcohol Testing Act". Added by Laws 1993, c. 355, § 1, emerg. eff. June 10, 1993. Amended by Laws 2011, c. 180, § 1, eff. Nov. 1, 2011.

As used in the Standards for Workplace Drug and Alcohol Testing Act: 1. "Alcohol" means ethyl alcohol or ethanol; 2. "Applicant" means a person who has applied for a position with an employer and received a conditional offer of employment; 3. "Board" means the State Board of Heal…

A. The Standards for Workplace Drug and Alcohol Testing Act shall not be construed as requiring or encouraging employers to conduct drug or alcohol testing. B. Except as provided in subsection C of this section, employers who choose to conduct drug or alcohol testing of job appli…

Employers may conduct drug and alcohol testing in accordance with the Standards for Workplace Drug and Alcohol Testing Act. Employers who choose to conduct drug or alcohol testing may only request or require an applicant or employee to undergo testing under any of the following c…

Distribution. A. Any employer that requests or requires an applicant or employee to undergo drug or alcohol testing shall first adopt a written policy setting forth the specifics of its drug or alcohol testing program, which may include, but is not limited to, the following infor…

Any drug or alcohol testing by an employer shall be deemed work time for purposes of compensation and benefits for current employees. An employer shall pay all costs of testing for drugs or alcohol required by the employer. Provided, however, if an employee or applicant requests …

Alternative testing methods. A. The State Board of Health shall have the power and duty to promulgate, prescribe, amend and repeal rules for the licensure and regulation of testing facilities, which shall include, but not be limited to, the following: 1. Qualifications of testing…