Oklahoma § 40-453 - Powers and duties of Commissioner

§ 40-453. Powers and duties of Commissioner

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;

Oklahoma Statutes - Title 40. Labor

2. Instruct and examine contractors, employees and supervisors

on the safe abatement of friable asbestos materials;

3. Hire sufficient personnel to carry out the provisions of

this act consistent with funds allocated and full-time-equivalent

employees authorized;

4. Inspect all asbestos abatement projects, to issue, modify

and revoke orders; to issue cease and desist orders; and to require

mandamus and seek injunctive relief for enforcement of orders;

5. Inspect public buildings for the presence of friable

asbestos materials;

6. Collect samples to determine the presence and condition of

friable asbestos materials in public buildings;

7. Recommend appropriate abatement measures for friable

asbestos materials in public buildings;

8. Make and enter into all contracts and agreements necessary

or incidental to the performance of the Department's duties and the

execution of its powers under the Oklahoma Asbestos Control Act

including, but not limited to, contracts with the United States,

other states, agencies, and political subdivisions of this state;

9. Accept grants from the United States government, its

agencies and instrumentalities, and any other source. To these

ends, the Department shall have the power to comply with such

conditions and execute such agreements as may be necessary and

desirable;

10. Supervise, administer, and enforce the provisions of the

Oklahoma Asbestos Control Act rules promulgated thereunder;

11. Hold hearings;

12. Institute legal proceedings, including suits for

injunctions for the enforcement of his orders, rules, and for the

enforcement of penalties;

13. Investigate any violations of the Oklahoma Asbestos Control

Act;

14. Exercise all incidental powers which are necessary to carry

out the provisions of the Oklahoma Asbestos Control Act; and

15. To perform such other duties as the Commissioner of Labor

may determine are essential to the protection of health from hazards

posed by friable asbestos materials.

B. The violations of any rule shall be grounds for the

Commissioner to evoke any penalties set forth in Section 456 of this

title.

C. The Commissioner of Labor shall be the primary authority

regarding the regulation of asbestos abatement in the State of

Oklahoma at the abatement site through the completion of the on-site

abatement.

Added by Laws 1982, c. 101, § 3, eff. Oct. 1, 1982. Amended by Laws

1985, c. 270, § 3; Laws 1993, c. 145, § 266, eff. July 1, 1993; Laws

2015, c. 106, § 1, emerg. eff. April 20, 2015.

Oklahoma Statutes - Title 40. Labor