About the Kentucky State Plan

The Kentucky Occupational Safety and Health (OSH) Program, by means of Kentucky Revised Statutes Chapter 338 and through a state plan approved by OSHA, maintains authority for enforcement, standards promulgation, and on-site consultation and training services related to job safety and health in accordance with Section 18 of the OSH Act of 1970. The Kentucky OSH Program was initially approved in 1973 and granted final state plan approval June 13, 1985. Kentucky was the first state plan approved under the revised federal benchmarks.

On July 9, 2004, as part of state government reorganization, Executive Order 2004-731 abolished the Labor Cabinet and transferred all powers, duties, responsibilities, and authority from the Labor Cabinet and its Secretary to the newly created Kentucky Department of Labor within the newly created Environmental and Public Protection Cabinet. The 2005 General Assembly enacted the reorganization into law by means of Senate Bill 41.

The responsibility for all matters pertaining to OSH in the Commonwealth of Kentucky is vested within the Kentucky Department of Labor to the Office of Occupational Safety and Health, under the supervision of the Executive Director. The office consists of the Executive Director's staff, the Division of Compliance, and the Division of Education and Training.

Jurisdiction

The Kentucky OSH Program exercises jurisdiction over all private and public sector employers and employees within the State except private sector maritime activities, Tennessee Valley Authority facilities, military personnel, U.S. Postal Service employees, employees working at properties ceded to the U.S. government, employees of the federal government, and issues of field sanitation and temporary labor camps in agriculture, except for agricultural temporary labor camps associated with egg, poultry or red meat production, or the post harvest processing of agricultural or horticultural commodities. See 29 CFR 1952.235.

Regulations and Standards

States must maintain job safety and health standards that are "at least as effective as" comparable federal standards. States may promulgate standards that are more stringent than the comparable federal standards or promulgate standards covering hazards not addressed by federal standards.

The Kentucky OSH Standards Board is a thirteen (13) member body empowered to adopt, modify, or repeal OSH standards in the Commonwealth of Kentucky. The Board is chaired by the Commissioner of the Department of Labor. The remaining twelve (12) members are appointed by the Governor to equally represent agriculture, labor, management, and the safety and health profession.

Kentucky's OSH regulations are promulgated by means of Kentucky Administrative Regulations. They consist of state-specific regulations unique to Kentucky, OSHA regulations incorporated with state-specific provisions, and OSHA regulations incorporated without change. In general industry, Kentucky has state specific requirements regarding:

Kentucky has state specific construction requirements regarding:

The regulations are available on the Kentucky State Plan website.

Enforcement Programs

The Division of Compliance is responsible for the enforcement of Kentucky's OSH standards. Compliance officers inspect workplaces to assure there are no hazardous conditions that threaten the safety or health of workers. Should such a condition be found, citations may be issued. Inspections may be the result of regular scheduling, imminent danger reports, accident or fatality reports, employee complaints, or a referral. Additional information can be found in the Kentucky State Plan - Compliance Section of the website.

Voluntary and Cooperative Programs

The Division of Education of Training provides timely expert safety and health assistance to employers and employees to assure every worker in the Commonwealth safe and healthful working conditions. In addition to consultative surveys, the Division offers training and a number of voluntary and cooperative programs, such as VPP, CPP, SHARP, OSP, and SPP, focused on reducing injury and illness. Additional information can be found in the Kentucky State Plan - Education and Training section of the website.

Policies and Procedures

Explanation of Kentucky's policies and procedures can be found by contacting the Office of Occupational Safety and Health or visiting the Kentucky State Plan Website.

Informal Conferences and Appeals

The OSH Review Commission is an independent quasi-judicial body empowered to hear and rule on OSH contested cases. The Commission is administratively attached to the Environmental and Public Protection Cabinet; and, consists of three (3) members appointed by the Governor to represent the interests of employees, employers, and the OSH profession. First level contests are heard and ruled upon by hearing officers employed by the Kentucky Attorney General's office.

Other Resources

Publications and Posters
 

---

Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate and up to date, but changes in state law and procedures affecting the information on this page are beyond OSHA's control. Contact state program staff directly to verify important information.