Okla. Stat. tit. 40, § 40-410

A. The Commissioner shall administer and enforce the provisions

of the Oklahoma Occupational Health and Safety Standards Act.

1. It is not intended that the Oklahoma Occupational Health and

Safety Standards Act be an issue or be involved in any labor

dispute, or be used or asserted to advantage in collective

bargaining by employer or employee, or by their respective

representatives.

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2. The Commissioner shall cause to be inspected any place of

employment to ensure the presence of a functioning safety and health

program which meets the requirements of Title 40 of the Oklahoma

Statutes and adopted and referenced standards.

B. Subject to the provisions of subsection A of this section,

authorized employees of the Department may enter and inspect places

of employment, including premises and buildings under construction,

demolition or repair, at all reasonable times, in order to

investigate such facts, conditions, practices or matters as deemed

appropriate, and to determine if any person is violating any

provisions of the Oklahoma Occupational Health and Safety Standards

Act or any standard promulgated pursuant to the Oklahoma

Occupational Health and Safety Standards Act.

C. Upon receipt by the Department of a signed complaint of

violation of any of the provisions of the Oklahoma Occupational

Health and Safety Standards Act or of any standard promulgated

pursuant to the Oklahoma Occupational Health and Safety Standards

Act, an authorized employee shall investigate the alleged violation

and inform the complainant of the result of the investigation.

D. If upon inspection or investigation, or whenever the

Commissioner determines a violation of the Oklahoma Occupational

Health and Safety Standards Act or of any standard, rule, or

regulation promulgated pursuant to the provisions of the Oklahoma

Occupational Health and Safety Standards Act has occurred, the

Commissioner shall give written notice to the alleged violator

specifying the cause of the determination. Such notice shall

require that the violations be corrected and specify the terms of

such correction or that the alleged violator appear before the

Commissioner at a time and place specified in the notice and answer

the charges. The notice shall be delivered to the alleged violator

in accordance with the provisions of subsection G of this section.

E. The Commissioner or his designee shall afford the alleged

violator an opportunity for a fair hearing in accordance with the

provisions of subsection H of this section. On the basis of the

evidence produced at the hearing, the Commissioner shall make

findings of fact and conclusions of law and enter an order thereon.

The Commissioner shall give written notice of such order to the

alleged violator and to such other persons as shall have appeared at

the hearing and made written request for notice of the order. The

order of the Commissioner shall become final and binding on all

parties unless appealed to the district court as provided in

Sections 301 through 326 of Title 75 of the Oklahoma Statutes within

thirty (30) days after notice has been sent to the parties.

F. Whenever the Commissioner finds that an emergency exists

requiring immediate action to protect the public health or welfare

pursuant to the provisions of the Oklahoma Occupational Health and

Safety Standards Act, the Commissioner may without notice or hearing

Oklahoma Statutes - Title 40. Labor Page 283

issue an order stating the existence of such an emergency and

requiring that such action be taken as he deems necessary to meet

the emergency. Such order shall be effective immediately. Any

person to whom such an order is directed shall comply with said

order immediately but on application to the Commissioner shall be

afforded a hearing within ten (10) days of receipt of said notice.

On the basis of such hearing, the Commissioner shall continue such
nd

requiring that such action be taken as he deems necessary to meet

the emergency. Such order shall be effective immediately. Any

person to whom such an order is directed shall comply with said

order immediately but on application to the Commissioner shall be

afforded a hearing within ten (10) days of receipt of said notice.

On the basis of such hearing, the Commissioner shall continue such

order in effect, revoke it, or modify it. Any person aggrieved by

such order continued after the hearing provided for in this

subsection may appeal to the district court of the county in which

the place of employment is located within thirty (30) days. Such

appeal when docketed shall have priority over all cases pending on

said docket, except criminal cases. If compliance with said

emergency order is not immediately taken, the Commissioner or his

duly authorized employee may also request the district attorney of

Oklahoma County, or the district attorney in any other district

where service can be obtained, to file legal proceedings to enjoin

the acts or practices contained in the emergency order to enforce

immediate compliance with said order.

G. Except as otherwise expressly provided by law, any notice,

order, or other instrument issued by or pursuant to authority of the

Commissioner may be served on any person affected thereby

personally, by publication, or by mailing a copy of the notice,

order, or other instrument by registered mail directed to the person

affected at his last-known post office address as shown by the files

or records of the Commissioner. Proof of service shall be made as

in the case of service of a summons or by publication in a civil

action or may be made by the affidavit of the person who did the

mailing. Such proof of service shall be filed in the office of the

Commissioner.

Every certificate or affidavit of service made and filed as in

this section provided shall be prima facie evidence of the facts

therein stated. A certified copy thereof shall have like force and

effect.

H. The hearings authorized by this section may be conducted by

the Commissioner or the Commissioner may designate hearing officers

who shall have the power and authority to conduct such hearings in

the name of the Commissioner at any time and place. Such hearings

shall be conducted in conformity with and records made thereof as

provided by the provisions of Sections 301 through 326 of Title 75

of the Oklahoma Statutes.

I. The employer to whom a health and safety order is directed

shall notify the Department of his compliance therewith in a manner

specified by the Department.

J. If an employer fails to comply with a health and safety

order issued pursuant to this section, the Commissioner may grant an

Oklahoma Statutes - Title 40. Labor Page 284

additional time for compliance therewith, modify, alter or dismiss

the health and safety order or refer the matter to the Board.