SECTION 380:40-1-5. Recordkeeping

(a)   The currently published Federal Occupational Safety and Health Standard 29 CFR 1904, et seq., shall be automatically adopted by incorporation as published in the Code of Federal Regulations and as may hereafter be revised in the Code of Federal Regulations with the following exceptions:

(1)   that Subpart B (1904.1, 1904.2, 1904.3 and Appendix A), 1904.37, 1904.38, 1904.39, 1904.40, 1904.41, 1904.42, 1904.45, and, in 1904.7(b)(2), the sentence stating, "You must also report any work-related fatality to OSHA within eight (8) hours, as required by '1904.39" shall not be included;

(2)   that the definition of "Act" pursuant to 29 CFR 1904 shall mean the Oklahoma Occupational Safety and Health Act of 1970 Title 40 O.S. Section 401 et seq.;

(3)   that all references in 29 CFR 1904 to the Assistant Commissioner or Regional Commissioner of the Bureau of Labor Statistics be changed to Oklahoma Department of Labor;

(4)   that all references in 29 CFR 1904 to OSHA No. 300 shall be changed to OK 300; all references to OSHA 300A shall be changed to OK 300A; and references to OSHA No. 301 shall be changed to OK 301;

(5)   the definition of "you" in 29 CFR 1904.46 shall mean "employer" as defined in 40 O.S. 402.

(6)   that 29 CFR 1904.46 Definition of Establishment (2) shall be changed to: (2) Can an establishment include more than one physical location? Yes, but only if the direct daily supervision of all staff is the responsibility of one common individual.

(b)   In accordance with 40 O.S. § 417, the State and all its political subdivisions which has in its employ one or more individuals performing services for it in employment shall report to the Oklahoma Department of Labor all injury and illness related information, as requested. This information shall be submitted/reported on forms including but not limited to the OK 300, OK 300A and OK 301, and in a manner prescribed by the Oklahoma Department of Labor. This information includes, but is not limited to; amounts and types of injuries and illnesses, and injury and illness case characteristics and demographics.

(c)   Employers shall notify the Department of Labor Statistical Research Unit within ninety (90) days of the closing, merging, or opening of a new facility.

[Source: Amended at 16 Ok Reg 3023, eff 7-12-99; Amended at 19 Ok Reg 740, eff 1-1-02 through 7-14-02 (emergency); Amended at 19 Ok Reg 2796, eff 7-25-02; Amended at 23 Ok Reg 2771, eff 6-25-06; Amended at 34 Ok Reg 1719, eff 9-15-17]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of Section 380:40-1-5 reverted back to the permanent text that became effective 7-12-99, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 7-25-02.