The State Law
Because of concerns about the rising costs of Workers' Compensation
in Oklahoma, the state legislature passed House Bill 1447 which revised state law (40
O.S., Section 403). The change incorporated a "quarterly safety training"
requirement for all public employees. Below is the exact wording of that particular
section, as well as the Department of Labor's Final rule pertaining to it in regards to
safety training classes:
40 O.S.
Section 403
E. Every employer having
twenty-five (25) or more full-time or part-time employees shall:
- Designate an employee who shall coordinate all safety programs of the employer;
- Provide safety classes to each type or class of employee no less than quarterly;
and
- Cooperate with the Department of Labor including allowing any announced inspection of
the premises for the purpose of determining compliance with this subsection.
From the Oklahoma State Department of Labor's Final Rule, Subchapter
21 - Safety Programs, 380:45-21-4 Safety Classes:
Employers shall conduct training pursuant to a safety and health
program in which the employer at a minimum:
Appoints coordinator pursuant to 40 O.S. 403(E)
meeting the requirements of OAC 380:45-21-2.
Has in place a safety program that:
(a) Is appropriate to the size of the organization and nature of hazards encountered by
the employees.
(b) Has in effect the core elements of a safety and health program described in OAC
380:45-21-1, "Safety Programs".
Provides a schedule of training to employees that:
(a) Provides training to each type or class of employee no less than quarterly.
(b) Lists the class time and content, which is based on the nature and seriousness of the
hazards associated with the employer's workplace.
Maintains documentation including:
(a) The responsibilities and authority of the coordinator.
(b) A written safety program emcompassing the elements described in OAC 380:45-21-1. (c)
Training contents and attendance.
Training will be considered to be adequate to meet the requirements of
40 O.S. 403 (E) if:
(a) The employer maintains a low injury and/or illness rate as demonstrated by substantive
records (such as OK300 log, etc.)
(b) The employer is achieving reductions in the rate of injuries and illnesses.
juanita.phelan@okstate.edu

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