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Kentucky State Plan


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Kentucky State Plan

About the Kentucky State Plan [Kentucky State Plan Website]

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 June 2, 2008, Kentucky Governor Steve Beshear signed Executive Order 2008-472, which re-established the Kentucky Labor Cabinet, effective June 16, 2008. The purpose of the reorganization was to streamline state services and concentrate limited resources on frontline, regulatory activity. The duties, personnel, and budgets of all organizational entities within, attached to, or associated with the former Department of Labor in the Environmental and Public Protection Cabinet were transferred to the Labor Cabinet, headed by a secretary appointed by the Governor. The responsibility for enforcing occupational safety and health law in the Commonwealth of Kentucky is now vested in the Labor Cabinet and assigned to the Department of Workplace Standards, headed by a commissioner appointed by the secretary with the approval of the Governor. Kentucky's revised OSH Program consists of the OSH federal-state coordinator, standards specialists, and support staff, all of whom are attached to the commissioner's office; the Division of Occupational Safety and Health Compliance; and the Division of Occupational Safety and Health 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 Secretary of the Labor Cabinet. 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:

  • Batteries
  • Electrical Testing
  • Safety Belts, Lanyards, and Life Lines
  • Off Highway Motor Vehicles and Equipment
  • Rollover Protective Structures and Overhead Equipment
  • Fire Apparatus and Fire Department Facilities
  • Refuse Collection and Compaction Equipment
  • Receiving and Unloading Bulk Hazardous Liquids
  • Employers Responsibilities Where Employees are Exposed to Toxic Substances
  • Reporting Amputations or In Patient Hospitalizations
  • Guarding Floor and Wall Openings
  • Occupational Noise
  • Flammable and Combustible Liquids
  • Control of Hazardous Energy
  • Medical Services and First Aid
  • Powered Industrial Trucks
  • Mechanical Power Presses
  • Selection and Use of Work Practices (electrical)
  • 4,4-Methulene bis (2-Chloroaniline)
  • Laboratory Activities
  • Access to Employee Exposure and Medical Records
  • Bloodborne Pathogens

Kentucky has state specific construction requirements regarding:

  • Safety and Testing of Supply Lines in Excess of 600 Volts
  • Refuse Collection and Compaction Equipment
  • Receiving and Unloading Bulk Hazardous Liquids
  • Employers Responsibilities Where Employees are Exposed to Toxic Substances
  • Reporting Amputations or In Patient Hospitalizations
  • Confined Space Entry
  • Bloodborne Pathogens
  • Fall Protection
  • Material Hoists, Personnel Hoists, and Elevators
  • Steel Erection
  • Blasting and Use of Explosives
  • Power Transmission and Distribution

The regulations are available on the Kentucky State Plan website.

Enforcement Programs

The Division of of Occupational Safety and Health 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 Occupational Safety and Health Education and 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 Department of Workplace Standards 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 Labor 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. Decisions of the KOSH Review Commission.

Other Resources

Publications and Posters

Contact Information

Kentucky Labor Cabinet
  • 1047 US HWY 127 South, Suite 4
  • Frankfort, KY 40601
  • (502) 564-0684
  • (502) 564-5387
  • Larry L. Roberts, Secretary
  • (502) 564-0684
  • Rocky Comito, Deputy Secretary
  • (502) 564-0684
  • (502) 564-5387

Department of Workplace Standards
  • Anthony Russell, Commissioner
  • (502) 564-3070
  • (502) 564-5387
  • Chuck Stribling, CSP, OSH Federal-State Coordinator
  • (502) 564-3070

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.

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