Oklahoma § 40-403 - Employer's duties and responsibilities

§ 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

Oklahoma Statutes - Title 40. Labor

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.