Okla. Admin. Code § 380:40-1-14

Current through Vol. 42, No. 4, November 1, 2024

Section 380:40-1-14 - Complaints by employees

(a) Any employee or representative of employees who believe that a violation of the Act exists in any workplace where such employee is employed may request an inspection of such workplace by giving notice of the alleged violation to the Oklahoma Department of Labor. Any such notice shall be submitted in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy shall be provided to the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy. Any complaint that is received unsigned or in any other manner, including but not limited to; by telephone, e-mail, or verbally by any other person than that which is listed above, the Oklahoma Department of Labor may determine in what manner it will be addressed. The Oklahoma Department of Labor may determine to conduct an inspection, determine that an inspection is not warranted, or may fax or mail a notification of alleged hazards to the employer.

(b) If upon receipt of such notification, it is determined that the complaint meets the requirements set forth in paragraph (a) of this section, and that there are reasonable grounds to believe that the alleged violation exists, the Director shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists. Inspections under this section shall not be limited to matters referred to in the complaint.

(c) Prior to or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the PEOSH Inspector in writing, of any violation of the Act which they have reason to believe exists in such workplace. Any such notice shall comply with the requirements of paragraph (a) of this section.

(d) If it is determined by the Oklahoma Department of Labor that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a compliant, the complaining party shall be notified in writing of such determination. The complaining party may obtain review of such determination by submitting a written statement of position with the Commissioner and, at the same time, providing the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position to the Commissioner and, at the same time, provide the complaining party with a copy of such statement. Upon the request of the complaining party or the employer, the Commissioner, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all written and oral views presented, the Commissioner shall affirm, modify, or reverse the determination of the Director and furnish the complaining party and the employer a written notification of this decision and the reasons therefore. The decision of the Commissioner shall be final and not subject to further review.

(e) If it is determined that an inspection is not warranted because the requirements of this section have not been met, the complaining party shall be notified in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of subsection (a) above.

(f) If it is determined by the Oklahoma Department of Labor that an inspection is not warranted due to a non-serious issue in the complaint, a notification of alleged hazards may be faxed or mailed to the employer. The employer shall respond to ODOL in writing within 10 working days of receipt of notification of alleged hazards. The employer is required to post the notification of alleged hazards in a prominent place for employees to see, and notice of the posting shall be signed by the employer and returned to the Oklahoma Department of Labor.

Okla. Admin. Code § 380:40-1-14

Added at 16 Ok Reg 3023, eff 7-12-99; Amended at 23 Ok Reg 2771, eff 6-25-06