SECTION 380:41-5-2. Failure to meet or maintain requirements

(a)   An employer's WCPR certification may be terminated if the ODOL determines that the employer's failure to meet or maintain requirements represents a lack of good faith in relation to those requirements and/or a significant reduction in worker protection. Except in egregious cases, the employer should be given the opportunity to withdraw from the program, rather than be terminated.

(b)   The following are some specific situations in which an employer may be terminated from the WCPR program:

(1)   The employer fails to maintain the elements of the safety and health program in a way that significantly reduces worker protection and/or reflects an inadequate commitment to the program.

(2)   A work-related fatality or catastrophe investigation results in the issuance of a citation for a violation that directly contributed to the cause of the fatality/catastrophe.

(3)   The employer does not provide complete and timely written verification of serious hazard correction, or an onsite visit verifies that a serious hazards continue to go uncorrected.

[Source: Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01]