Oklahoma § 40-414 - Occupational safety and health consultation program for

§ 40-414. Occupational safety and health consultation program for

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 known

as the Williams-Steiger Occupational Safety and Health Act of 1970.

B. The Commissioner shall provide competent occupational safety

and health consultation, education and training for private and

public employers in coordination with the Oklahoma Department of

Career and Technology Education and other available community

resources.

C. Such consultation shall be provided on a priority basis to

those private employers which, based on their certification, have

occupational injury and illness rates exceeding the national average

incidence rate for private employers of similar character.

D. No such consultation shall be provided except upon written

request by the private employer.

E. Except when a condition of "imminent danger" exists, no

reports, communication, or other information regarding safety and

health hazards discovered by the Commissioner, pursuant to the

administration of Section 401 et seq. of this title, or his

representative in the workplaces of private employers, shall be

reported to any enforcement authority whatsoever without the prior

approval of the employer.

F. The Commissioner may, in providing services to private

employers upon request, refer private employers for participation in

other safety and health consultation, education and training

programs including but not limited to the programs authorized by

Section 7(C)1 of Public Law 91-596.

G. The Commissioner may, upon request, refer qualifying private

employers to programs operated by the U.S. Department of Labor for

recognition or for exemption from inspection by the U.S. Department

of Labor Occupational Safety and Health Administration.

H. The Commissioner shall certify successful participation in

the occupational safety and health consultation, education and

training program pursuant to the provisions of Section 924.2 of

Title 36 of the Oklahoma Statutes.

I. The Commissioner may promulgate such rules and regulations

as may be necessary to implement the provisions of this section.

J. As used in this section:

1. "Private employer" means a person engaged in a business

affecting commerce who has employees, but does not include the

United States or any state or political subdivision of a state; and

Oklahoma Statutes - Title 40. Labor

2. "Imminent danger" means any conditions or practices in any

place of employment which are such that a danger exists which could

reasonably be expected to cause death, or serious physical harm

immediately.

Added by Laws 1970, c. 287, § 14, operative July 1, 1970. Amended

by Laws 1986, c. 222, § 1, eff. Nov. 1, 1986; Laws 1988, c. 317, §

3, eff. Nov. 1, 1988; Laws 1992, c. 305, § 6, emerg. eff. May 27,

1992; Laws 2001, c. 33, § 35, eff. July 1, 2001.