Oklahoma Extends Citation Deadline for Public Employer Fatality Investigations - Ogletree
- Oklahoma has amended its occupational safety and health citation rule to allow the ODOL to issue citations against public employers more than six months after an alleged violation when that violation arises from a fatality investigation or when third-party conduct caused the delay.
- The amendment takes effect July 11, 2026, and applies to state and local government employers covered by Oklahoma’s public employee occupational safety and health program.
- While citation issuance for violations is mandatory, fine assessment remains discretionary, and the ODOL has stated its preference for achieving compliance without assessing fines.
An amended version of OAR 380:40-1-16 (see pages 955–956 of the July 1, 2026, Oklahoma Register, as well as the ODOL’s December 15, 2025, Rule Impact Statement) now allows the ODOL to issue citations beyond the six-month window in two circumstances: (1) when a citation arises from a fatality investigation, or (2) when a delay in issuance was caused by parties other than the ODOL. According to the ODOL, fatality investigations are complex and frequently take longer than six months. This is often due to coordination with law enforcement, medical examiners, and other agencies, including reliance on outside entities to supply reports and information outside the ODOL’s control. ODOL reasoned that the prior rule was allowing violators to escape accountability on timing grounds alone.
Two Exceptions
The first exception is broad. The language of the rule...
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