Page 308
Oklahoma Statutes - Title 40. Labor Page 308 the Job Training Partnership Act of 1982, 29 U.S.C., Section 1501 et seq., and all related property, records and personnel, are hereby transferred to the Oklahoma Employment Security Commission. Employees transferred to the Oklahoma Employment Security Commission shall be classified and subject to the provisions of the Merit System of Personnel Administration as provided for in the Oklahoma Personnel Act. Such employees shall retain membership in the Health Insurance Plan, Dental Insurance Plan and Life Insurance Plan created pursuant to the Oklahoma Employees Insurance and Benefits Act, or Health Maintenance Organization (HMO) Plans approved by the State and Education Employees Group Insurance Board. Added by Laws 1989, c. 313, § 11, operative July 1, 1989. Amended by Laws 1992, c. 19, § 1, emerg. eff. March 30, 1992; Laws 2014, c. 73, § 1, eff. July 1, 2014.
§40-500. Nonsmoking as condition of employment. A. It shall be unlawful for an employer to: 1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours; or 2. Require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours. B. Nothing in this section shall prohibit an employer from offering incentives to an employee to participate in wellness programs, including, but not limited to, smoking cessation programs, in conjunction with the employer providing the employee health insurance coverage. Added by Laws 1991, c. 172, § 11, emerg. eff. May 8, 1991. Amended by Laws 1991, c. 295, § 3, emerg. eff. May 29, 1991; Laws 2013, c. 103, § 2, eff. Nov. 1, 2013, and c. 269, § 25, eff. Nov. 1, 2013. NOTE: Laws 2013, c. 103, § 2 and Laws 2013, c. 269, § 25 made virtually identical changes to this section.
§40-501. Construction of act - Conditions relating to smoking. The provisions of Sections 11 through 14 of this act shall not be construed to prevent an employer from prescribing conditions with regard to smoking while on the job or on the premises of the employer. Added by Laws 1991, c. 172, § 12, emerg. eff. May 8, 1991.
§40-502. Application of act - Restriction on smoking as bona fide occupational requirement or part of collective bargaining agreement. The provisions of Sections 11 through 14 of this act shall not apply when the restriction on smoking relates to a bona fide occupational requirement or an applicable collective bargaining