The COVID Project
The record
- Jurisdiction
- Oklahoma
- Level
- State
- Authority
- 40 O.S. ch. 10, 40 O.S. 401 et seq.
- Issued
- 1994-05-06 May 6, 1994
- Effective
- standing (read as 1994-05-06)
- End
- standing (read as 2021-09-30)
- In force
- Standing since May 6, 1994 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (public: the State and all its political subdivisions, per 40 O.S. 402(1)); private employers through 29 U.S.C. 654(a)(1)
- Character
- workplace duty
- Collection
- Standing duties: Oklahoma DUT-OK
Operative words
Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees, commensurate with the Occupational Safety and Health Act of 1970.
Penalty
40 O.S. 412 (read, not saved): failure to comply with any standard, or violation of the Act, a misdemeanor; injunction; 'Each day upon which such violation occurs shall constitute a separate violation'; administrative penalties by rule; for private employers, 29 U.S.C. 666 civil penalties (OSHA's 2020 General Duty Clause citations: AGY-FED-LABOR-IMMIGRATION-031, -095)
What it required
Every employer within the Act, which 40 O.S. 402(1) defines as 'the state and all its political subdivisions' (DUT-OK-011), must furnish a place of employment free from recognized hazards likely to cause death or serious physical harm, measured against the federal OSH Act; subsection B forbids retaliation against an employee who complains or testifies; subsection C requires reports of fatal or multiple-hospitalization accidents. For every private employer in Oklahoma the identical duty is 29 U.S.C. 654(a)(1), the federal general duty clause, Oklahoma having no State plan for the private sector (DUT-OK-012).
Retrieval noteRecorded exactly: this State duty binds public employers, including the public colleges, universities and hospital entities that the credit admits for 2021 (CARES Act 2301(f)(2) as amended by TCDTRA 207; I.R.C. 3134(f)(2)); the private-sector duty is federal. Oklahoma issued no State COVID-19 workplace rule; OSHA's 'Guidance on Preparing Workplaces for COVID-19' (Mar. 2020) and 'Protecting Workers' guidance (Jan. 29, 2021) are Ex. AGY-FED-LABOR-IMMIGRATION-029 and -030, and 76 O.S. 111(A)(2) names OSHA guidance as 'guidance' whose observance conditions the liability shield (DUT-OK-013).