Oklahoma Senate Bill SB389

Oklahoma 2026 Regular Session

• Introduced: 2/3/25
• Refer: 2/4/25

Caption

Workers' compensation; granting Attorney General concurrent authority with the Oklahoma Workers' Compensation Commission to investigate and enforce certain violations; authorizing certain inspections. Emergency.

Summary

SB389 amends Oklahoma’s workers’ compensation law to give the Attorney General concurrent authority with the Oklahoma Workers’ Compensation Commission to investigate and enforce violations involving employers that fail to secure required workers’ compensation coverage. The bill also authorizes unannounced on-site inspections of employers for compliance purposes and updates the enforcement language in Section 40 of Title 85A. The measure expands and clarifies the Commission’s enforcement process for employers suspected of being uninsured. It lays out notice and hearing procedures, places the burden on the employer to challenge a proposed judgment, and allows the Commission to assess civil penalties of up to $1,000 per day, capped at $50,000 for a first violation. It also authorizes injunctions to stop noncompliant employers from continuing to employ workers, collection actions against employer assets, and limited disclosure of otherwise protected information for enforcement purposes, while keeping investigative files confidential.

Impact

SB389 would strengthen the state’s enforcement tools against employers who do not carry required workers’ compensation coverage. It affects the Administrative Workers’ Compensation Act, particularly 85A O.S. 2021, Section 40, by adding the Attorney General as a concurrent enforcement authority, expanding inspection authority, and formalizing penalty, injunction, and collection mechanisms. Employers, the Workers’ Compensation Commission, the Attorney General’s office, and potentially workers and insurers would be directly affected by the bill’s expanded compliance and enforcement framework.

Sentiment

The available context shows no recorded committee debate or vote history, so there is no documented opposition or support from transcripts. Based on the bill’s structure, the measure appears aimed at strengthening enforcement and closing gaps in workers’ compensation compliance, which typically suggests a pro-enforcement, pro-worker posture. The inclusion of an emergency clause also indicates the author’s view that the bill addresses an immediate public need.

Contention

The main points of potential contention are the expanded enforcement powers given to the Attorney General and the Commission, including unannounced inspections, stronger penalties, and the ability to seek injunctions that could halt an employer’s operations. Employers may view these provisions as burdensome or intrusive, especially the burden-shifting hearing process and the possibility of asset collection and tax refund intercepts. Supporters would likely emphasize deterrence of uninsured employers and better protection for injured workers and compliant businesses.