{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-410","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-410","heading":"Administration and enforcement","body":"A. The Commissioner shall administer and enforce the provisions\n\nof the Oklahoma Occupational Health and Safety Standards Act.\n\n1. It is not intended that the Oklahoma Occupational Health and\n\nSafety Standards Act be an issue or be involved in any labor\n\ndispute, or be used or asserted to advantage in collective\n\nbargaining by employer or employee, or by their respective\n\nrepresentatives.\n\n2. The Commissioner shall cause to be inspected any place of\n\nemployment to ensure the presence of a functioning safety and health\n\nprogram which meets the requirements of Title 40 of the Oklahoma\n\nStatutes and adopted and referenced standards.\n\nB. Subject to the provisions of subsection A of this section,\n\nauthorized employees of the Department may enter and inspect places\n\nof employment, including premises and buildings under construction,\n\ndemolition or repair, at all reasonable times, in order to\n\ninvestigate such facts, conditions, practices or matters as deemed\n\nappropriate, and to determine if any person is violating any\n\nprovisions of the Oklahoma Occupational Health and Safety Standards\n\nAct or any standard promulgated pursuant to the Oklahoma\n\nOccupational Health and Safety Standards Act.\n\nC. Upon receipt by the Department of a signed complaint of\n\nviolation of any of the provisions of the Oklahoma Occupational\n\nHealth and Safety Standards Act or of any standard promulgated\n\npursuant to the Oklahoma Occupational Health and Safety Standards\n\nAct, an authorized employee shall investigate the alleged violation\n\nand inform the complainant of the result of the investigation.\n\nD. If upon inspection or investigation, or whenever the\n\nCommissioner determines a violation of the Oklahoma Occupational\n\nHealth and Safety Standards Act or of any standard, rule, or\n\nregulation promulgated pursuant to the provisions of the Oklahoma\n\nOccupational Health and Safety Standards Act has occurred, the\n\nCommissioner shall give written notice to the alleged violator\n\nspecifying the cause of the determination. Such notice shall\n\nrequire that the violations be corrected and specify the terms of\n\nsuch correction or that the alleged violator appear before the\n\nCommissioner at a time and place specified in the notice and answer\n\nthe charges. The notice shall be delivered to the alleged violator\n\nin accordance with the provisions of subsection G of this section.\n\nE. The Commissioner or his designee shall afford the alleged\n\nviolator an opportunity for a fair hearing in accordance with the\n\nprovisions of subsection H of this section. On the basis of the\n\nevidence produced at the hearing, the Commissioner shall make\n\nfindings of fact and conclusions of law and enter an order thereon.\n\nThe Commissioner shall give written notice of such order to the\n\nalleged violator and to such other persons as shall have appeared at\n\nthe hearing and made written request for notice of the order. The\n\norder of the Commissioner shall become final and binding on all\n\nparties unless appealed to the district court as provided in\n\nSections 301 through 326 of Title 75 of the Oklahoma Statutes within\n\nthirty (30) days after notice has been sent to the parties.\n\nF. Whenever the Commissioner finds that an emergency exists\n\nrequiring immediate action to protect the public health or welfare\n\npursuant to the provisions of the Oklahoma Occupational Health and\n\nSafety Standards Act, the Commissioner may without notice or hearing\n\nissue an order stating the existence of such an emergency and\n\nrequiring that such action be taken as he deems necessary to meet\n\nthe emergency. Such order shall be effective immediately. Any\n\nperson to whom such an order is directed shall comply with said\n\norder immediately but on application to the Commissioner shall be\n\nafforded a hearing within ten (10) days of receipt of said notice.\n\nOn the basis of such hearing, the Commissioner shall continue such\nnd\n\nrequiring that such action be taken as he deems necessary to meet\n\nthe emergency. Such order shall be effective immediately. Any\n\nperson to whom such an order is directed shall comply with said\n\norder immediately but on application to the Commissioner shall be\n\nafforded a hearing within ten (10) days of receipt of said notice.\n\nOn the basis of such hearing, the Commissioner shall continue such\n\norder in effect, revoke it, or modify it. Any person aggrieved by\n\nsuch order continued after the hearing provided for in this\n\nsubsection may appeal to the district court of the county in which\n\nthe place of employment is located within thirty (30) days. Such\n\nappeal when docketed shall have priority over all cases pending on\n\nsaid docket, except criminal cases. If compliance with said\n\nemergency order is not immediately taken, the Commissioner or his\n\nduly authorized employee may also request the district attorney of\n\nOklahoma County, or the district attorney in any other district\n\nwhere service can be obtained, to file legal proceedings to enjoin\n\nthe acts or practices contained in the emergency order to enforce\n\nimmediate compliance with said order.\n\nG. Except as otherwise expressly provided by law, any notice,\n\norder, or other instrument issued by or pursuant to authority of the\n\nCommissioner may be served on any person affected thereby\n\npersonally, by publication, or by mailing a copy of the notice,\n\norder, or other instrument by registered mail directed to the person\n\naffected at his last-known post office address as shown by the files\n\nor records of the Commissioner. Proof of service shall be made as\n\nin the case of service of a summons or by publication in a civil\n\naction or may be made by the affidavit of the person who did the\n\nmailing. Such proof of service shall be filed in the office of the\n\nCommissioner.\n\nEvery certificate or affidavit of service made and filed as in\n\nthis section provided shall be prima facie evidence of the facts\n\ntherein stated. A certified copy thereof shall have like force and\n\neffect.\n\nH. The hearings authorized by this section may be conducted by\n\nthe Commissioner or the Commissioner may designate hearing officers\n\nwho shall have the power and authority to conduct such hearings in\n\nthe name of the Commissioner at any time and place. Such hearings\n\nshall be conducted in conformity with and records made thereof as\n\nprovided by the provisions of Sections 301 through 326 of Title 75\n\nof the Oklahoma Statutes.\n\nI. The employer to whom a health and safety order is directed\n\nshall notify the Department of his compliance therewith in a manner\n\nspecified by the Department.\n\nJ. If an employer fails to comply with a health and safety\n\norder issued pursuant to this section, the Commissioner may grant an\n\nadditional time for compliance therewith, modify, alter or dismiss\n\nthe health and safety order or refer the matter to the Board.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"aa23049c449f5322046dc96347d42eb9037e78bcf73ff2a54870134f35fa5683","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-407","next":"us-ok/okla.-stat.-tit.-40-40-412"},"notice":"GroundRules: Original legal text. Not legal advice."}