Oklahoma Department of Labor Update

August 31, 2017

The Oklahoma Department of Labor may issue an administrative fine in addition to the citations under OAC 380:40-1-16, effective September 15.  In a meeting with Oklahoma Commissioner of Labor Melissa McLawhorn Houston, the point was made that Oklahoma is one of seven states with primary jurisdiction over OSHA and the only one without fine authority.  With increased activity in recent years at the federal level, it was important to preserve enforcement at the state level.

There are five classifications with all fines subject to appeal and funds must be transferred to the State General Fund. In addition, the Commissioner emphasized the proactive outreach of the Public Employees Occupational Safety & Health Division (PEOSH) and the benefits to employers who voluntarily request an onsite inspection.  To view the requirements click here.

Employers who voluntarily request an onsite inspection from the State’s three inspectors shall not be subject to monetary penalties for hazards identified during the course of the voluntary inspection, provided such hazards are corrected within the timeframes established during the consultation visit.  An on-site consultation visit is a four step process to help in identifying hazards, suggesting general options for problem solving, identifying available help, assisting in the development of an effective injury and illness prevention program and providing training.  A written report is prepared summarizing findings and confirming any abatement periods agreed upon.

This consultation can be requested via the Oklahoma Department of Labor (ODOL) website with reportedly first in – first out protocol with some prioritization based on the employer’s incidence rate in the mandatory statistical survey of occupational injuries and illnesses.  On the ODOL website click on Workplace Safety & Health, PEOSH, PEOSH Consultation Request Form.

Additional PEOSH information:

  • There are record keeping requirements to maintain injury and illness records, utilizing the OK 300, OK 300A and OK 301 Forms.
  • Public sector employers are required to notify ODOL within 48 hours whenever a fatality occurs in the workplace, or when a work-related accident or exposure results in the hospitalization of five or more workers.  
  • Employers must post notices furnished by PEOSH in a conspicuous place where notices are customarily posted.
  • Employers with 25 or more full or part-time employees shall provide safety classes no less than quarterly.
  • A complaint can be filed by employees or other representatives against an employer who has failed to provide a safe and healthful place of employment.
  • PEOSH has the authority to enter public sector work places without delay and at reasonable times to conduct an enforcement inspection without prior notice.  
  • All public employers are required to participate in the mandatory statistical survey of occupational injuries and illnesses.  All injuries and illnesses data should be recorded on the OK300 Log.

Click here to go to the OML Home page

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This material is provided as general information and is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations