OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES

KRS tit. XXVII, ch. 338

in effect

KRS 338.010 Repealed, 1972

338.010. Repealed, 1972 Catchline at repeal: Definitions and applicability. History: Repealed 1972 Ky. Acts ch. 251, sec. 22; amended ch. 326, sec. 1. -- Amended 1958 Ky. Acts ch. 132, sec. 1, effective June 19, 1958. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599c-4, 1599c-22, 1599c-27, 1599c-39. Legislative Research Commission Note. This section was repealed by Acts 1972, ch. 251, § 22, and amended by Acts 1972, ch. 326, § 1. The total purpose of the two acts appears to be served by repeal of this section and replacement with KRS 338.015, and the acts have been compiled accordingly.

KRS 338.011 Statement of purpose and policy

338.011. Statement of purpose and policy The General Assembly finds that occupational accidents and diseases produce personal injuries and illness including loss of life as well as economic loss. Therefore, the General Assembly declares that it is the purpose and policy of the Commonwealth of Kentucky to promote the safety, health and general welfare of its people by preventing any detriment to the safety and health of all employees, both public and private, covered by this chapter, arising out of exposure to harmful conditions and practices at places of work and otherwise to preserve our human resources by providing for education and training, inspection of workplaces, consultation, services, research, reports and statistics, and other means of furthering progress in the field of occupational safety and health. History: Created 1972 Ky. Acts ch. 251, sec. 1.

KRS 338.015 Definitions for chapter

338.015. Definitions for chapter As used in this chapter: (1) "Employer" shall mean any entity for whom a person is employed except those employers excluded in KRS 338.021; (2) "Employee" shall mean any person employed except those employees excluded in KRS 338.021; (3) The term "occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one (1) or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment. "Standard" has the same meaning as and includes the words "regulation" and "rule"; (4) "Occupational safety and health hazard" means any practice or condition in a place of employment which may be deemed detrimental to the safety and health of employees; (5) "Occupational injury or illness" means any abnormal condition or disorder of an employee caused by exposure to factors associated with his or her employment; (6) "Board" means the Kentucky Occupational Safety and Health Standards Board established under this chapter; (7) "Commissioner" means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet; (8) "Review commission" means the Kentucky Occupational Safety and Health Review Commission established under this chapter; (9) The term "national consensus standard" means any occupational safety and health standard or modification thereof which has been adopted and promulgated by a nationally recognized standards-producing organization; (10) The term "established federal standard" means any operative occupational safety and health standard established by any agency of the United States government; (11) "Department" means the Department of Workplace Standards; and (12) "Secretary" means the secretary of the Education and Labor Cabinet. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 120, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1751, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 37, effective June 20, 2005. -- Amended 1984 Ky. Acts ch. 414, sec. 17, effective July 13, 1984. -- Created 1972 Ky. Acts ch. 251, sec. 2.

KRS 338.020 Repealed, 1972

338.020. Repealed, 1972 Catchline at repeal: Industrial safety board. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Amended 1958 Ky. Acts ch. 131, sec. 1, effective June 19, 1958. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-21.

KRS 338.021 Exclusions

338.021. Exclusions (1) This chapter applies to all employers, employees, and places of employment throughout the Commonwealth except the following: (a) Employees of the United States government; and (b) Employers, employees and places of employment over which federal agencies other than the Occupational Safety and Health Administration of the United States Department of Labor exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health. (2) (a) Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose under this chapter. (b) Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisor, neither a franchisor nor a franchisor's employee shall be deemed to be an employee of the franchisee for any purpose under this chapter. (c) For purposes of this subsection, "franchisee" and "franchisor" have the same meanings as in 16 C.F.R. sec. 436.1. (3) Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge or diminish or affect in any manner the common law or statutory rights, duties, or liabilities of employers or employees, under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 24, sec. 2, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 378, sec. 1, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 251, sec. 3.

KRS 338.030 Repealed, 1972

338.030. Repealed, 1972 Catchline at repeal: Employer to furnish safeguards -- Effect of failure to use. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-23.

KRS 338.031 Obligations of employers and employees

338.031. Obligations of employers and employees (1) Each employer: (a) Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (b) Shall comply with occupational safety and health standards promulgated under this chapter. (2) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct. History: Created 1972 Ky. Acts ch. 251, sec. 4.

KRS 338.040 Repealed, 1972

338.040. Repealed, 1972 Catchline at repeal: Board to fix and enforce standards of safety. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-24.

KRS 338.041 Administration of matters pertaining to occupational safety and health -- Contract with other agencies

338.041. Administration of matters pertaining to occupational safety and health -- Contract with other agencies (1) The Department of Workplace Standards in the Education and Labor Cabinet shall administer all matters pertaining to occupational safety and occupational health. (2) The department may require the assistance of other state agencies and may enter into agreements with other state agencies and political subdivisions of the Commonwealth for the administration of this chapter. (3) The department may enter into an agreement with the Cabinet for Health and Family Services and other appropriate departments or agencies to conduct research, experiments, and demonstrations relating to occupational safety and health, including studies of psychological factors involved, and relating to innovative methods, techniques, and approaches for dealing with occupational safety and health problems in the administration of this chapter. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 121, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1752, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 608, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 560, effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 414, sec. 18, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 155, sec. 155, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 299, sec. 86. -- Amended 1974 Ky. Acts ch. 311, sec. 1. -- Created 1972 Ky. Acts ch. 251, sec. 5.

KRS 338.042 Expansion of Department of Workplace Standards -- Duties of additional staff

338.042. Expansion of Department of Workplace Standards -- Duties of additional staff Effective July 1, 1994, the Department of Workplace Standards shall be expanded by sixteen (16) employees. These additional staff shall assist employers in their efforts to improve safety and health practices in their workplaces; to assure compliance with industrial health and safety regulations; and to expedite the processing of contested citations and appeals. These additional expenditures shall be financed by funds collected for the special fund pursuant to KRS 342.122. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1753, effective July 15, 2010. -- Created 1994 Ky. Acts ch. 181, sec. 73, effective April 4, 1994.

KRS 338.050 Repealed, 1972

338.050. Repealed, 1972 Catchline at repeal: Determination and removal of unsafe working conditions. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Amended 1946 Ky. Acts ch. 243, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-25.

KRS 338.051 Kentucky Occupational Safety and Health Standards Board -- Membership -- Terms -- Chairman -- Meetings -- Quorum -- Regulations -- Compensation

338.051. Kentucky Occupational Safety and Health Standards Board -- Membership -- Terms -- Chairman -- Meetings -- Quorum -- Regulations -- Compensation (1) There is hereby established the Kentucky Occupational Safety and Health Standards Board consisting of the secretary and twelve (12) members equally representing industry, labor, agriculture, and the safety and health profession. The members shall be appointed by the Governor for terms of three (3) years and until their successors are appointed and qualified, from lists of nominees submitted by bona fide associations representative of industry, labor, agriculture, and the safety and health profession. Members shall receive twenty-five dollars ($25) per day for attending each meeting and shall be reimbursed for actual expenses incurred in carrying out their duties. The secretary shall act as chairman of the board. No member of the board may have a concurrent term on the review commission. (2) The board shall hold annual meetings and additional meetings as needed. A majority of the board constitutes a quorum for the transaction of business. (3) The board shall adopt and promulgate occupational safety and health rules, regulations, and standards, except that the chairman of the board may adopt established federal standards without board approval if necessary to meet federal time requirements. The board shall secure all expertise, testimony, and evidence necessary to accomplish the purposes of this chapter. (4) The board shall be attached to the Education and Labor Cabinet for administrative purposes. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 122, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1754, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 89, sec. 1, effective July 12, 2006. -- Amended 1984 Ky. Acts ch. 414, sec. 19, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 378, sec. 2, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 154, sec. 37, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 251, sec. 6.

KRS 338.060 Repealed, 1972

338.060. Repealed, 1972 Catchline at repeal: Judicial review of board's action. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Stat. sec. ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-26.

KRS 338.061 Occupational safety and health standards -- Suspension, delay, or alteration in enforcement of administrative regulation

338.061. Occupational safety and health standards -- Suspension, delay, or alteration in enforcement of administrative regulation (1) Occupational safety and health standards may be adopted, modified, or repealed by the board through the administrative regulation process of KRS Chapter 13A as it shall deem necessary, except the secretary may through an administrative order suspend, delay, or alter enforcement of a promulgated occupational safety and health administrative regulation if the federal government has suspended, delayed, or enjoined the corresponding federal regulation or suspended, delayed, enjoined, or altered the enforcement thereof. Any action taken by the secretary to suspend, delay, or alter the enforcement of an occupational safety and health administrative regulation pursuant to this subsection shall be consistent with those taken by the federal government, except that the secretary may enforce an administrative regulation or standard which immediately preceded the administrative regulation whose enforcement is amended, delayed, or altered. (2) Established federal standards and national consensus standards may be adopted by reference. Effective: March 8, 2018 History: Amended 2018 Ky. Acts ch. 8, sec. 1, effective March 8, 2018. -- Amended 2006 Ky. Acts ch. 89, sec. 2, effective July 12, 2006. -- Created 1972 Ky. Acts ch. 251, sec. 7.

KRS 338.062 Occupational safety and health standards -- Restrictions on adopting, promulgating, or enforcing regulations -- Exemption for public employees

338.062. Occupational safety and health standards -- Restrictions on adopting, promulgating, or enforcing regulations -- Exemption for public employees The Kentucky Occupational Safety and Health Standards board, the secretary, the secretary's designee, the commissioner, and the commissioner's authorized representative shall not adopt, promulgate, or enforce any occupational safety and health administrative regulation that the Occupational Safety and Health Administration or the United States Department of Labor has not promulgated, or that is more stringent than the corresponding federal provision enforced by the United States Department of Labor under the Occupational Safety and Health Act of 1970. Whereas the Occupational Safety and Health Act of 1970 does not apply to public employees, the cabinet shall retain the authority to promulgate and enforce, as necessary, administrative regulations pertaining to public employees. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 1, e ffective June 27, 2025. -- Created 2021 Ky. Acts ch. 162, sec. 1, effective June 29, 2021.

KRS 338.070 Repealed, 1972

338.070. Repealed, 1972 Catchline at repeal: Suction and exhaust system for buffing and grinding machinery. History: Repealed 1972 Ky. Acts ch. 251, sec. 22; and ch. 326, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062f-1.

KRS 338.071 Kentucky Occupational Safety and Health Review Commission -- Membership -- Terms -- Quorum -- Hearings -- Regulations -- Compensation -- Employees

338.071. Kentucky Occupational Safety and Health Review Commission -- Membership -- Terms -- Quorum -- Hearings -- Regulations -- Compensation -- Employees (1) There is hereby established the Kentucky Occupational Safety and Health Review Commission consisting of three (3) members appointed by the Governor on the basis of their experience and competence in the fields of occupational safety and health. The members selected shall be qualified to represent the interest of employers, employees, and the occupational safety and health profession with a minimum of five (5) years experience in their respective fields. (2) Members of the review commission shall serve terms of four (4) years and until their successors are appointed. (3) The review commission shall hold monthly meetings and additional meetings as deemed necessary. A majority of the review commission constitutes a quorum for the transaction of business. Special meetings of the review commission may be called upon reasonable notice by the commissioner or by any two (2) members of the commission. (4) The review commission shall hear and rule on appeals from citations, notifications, and variances issued under the provisions of this chapter and adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings. (5) The review commission shall have the authority to employ a secretary, hearing officers, and other employees as may become necessary. (6) The chairman of the commission and each of the other two (2) members shall be paid a salary fixed under KRS 64.640. (7) The secretary of the commission shall be paid a salary to be fixed by the commission, with the approval of the Governor. The commission shall fix the compensation of all its other employees. (8) The commissioners and the secretary and employees of the commission are entitled to all necessary expenses incurred in traveling on business of the commission. (9) The commission shall be attached to the Education and Labor Cabinet for administrative purposes only. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 123, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1755, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 38, effective June 20, 2005. -- Created 1972 Ky. Acts ch. 251, sec. 8.

KRS 338.080 Repealed, 1972

338.080. Repealed, 1972 Catchline at repeal: Hoods -- Suction and exhaust pipes. History: Repealed 1972 Ky. Acts ch. 251, sec. 22; and ch. 326, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2062f- 1, 2062f-2, 2062f-3.

KRS 338.081 Hearing officer -- Employment -- Powers

338.081. Hearing officer -- Employment -- Powers (1) Hearings authorized by the provisions of this chapter may be conducted by a hearing officer appointed by the review commission to serve in its place. Said hearing officer may be a full-time employee, serve by contract, or be paid on a per diem basis at the discretion of the review commission. (2) In the conduct of these hearings, the review commission or hearing officer may subpoena and examine witnesses, require the production of evidence, administer oaths, and take testimony and depositions. (3) After hearing an appeal, the review commission may sustain, modify or dismiss a citation or penalty. History: Created 1972 Ky. Acts ch. 251, sec. 9.

KRS 338.090 Repealed, 1972

338.090. Repealed, 1972 Catchline at repeal: Fans -- Suction required. History: Repealed 1972 Ky. Acts ch. 251, sec. 22; and ch. 326, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062f-4.

KRS 338.091 Appeals -- Procedure -- Administrative regulations

338.091. Appeals -- Procedure -- Administrative regulations (1) Any party adversely affected or aggrieved by a final order of the review commission may appeal within thirty (30) days to the Franklin Circuit Court on the record for a review of such order. No new evidence may be introduced in the Circuit Court. An appeal may be taken to the Court of Appeals from any decision of the Circuit Court under this section. (2) On appeal, the Franklin Circuit Court may award actual expenses incurred, including court costs and attorney's fees, against the department. (3) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. The administrative regulations shall comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412. (4) The commencement of a proceeding under this section shall operate as a stay of an order of the review commission. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 2, effective June 27, 2025. -- Created 1972 Ky. Acts ch. 251, sec. 10.

KRS 338.100 Repealed, 1972

338.100. Repealed, 1972 Catchline at repeal: Commissioner to enforce laws -- Inspections. History: Repealed 1972 Ky. Acts ch. 251, sec. 22; and ch. 326, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599c- 18, 2062f-5.

KRS 338.101 Authority of commissioner

338.101. Authority of commissioner (1) In order to carry out the purposes of this chapter, the commissioner or the commissioner's authorized representative shall have the authority: (a) To enter without delay and advance notice any place of employment during regular working hours and at other reasonable times in order to inspect such places, question privately any such employer, owner, operator, agent, employee, or employee's representative, and investigate such facts, conditions, practices, or matters deemed appropriate to determine the cause of, or to prevent the occurrence of, any occupational injury or illness. (b) To administer oaths, take depositions, conduct hearings, take photographs, review any and all accident and illness records, and secure any other evidence deemed necessary to evaluate any occupational safety and health hazard in order to ascertain whether any person has violated any provision of this chapter or regulations issued pursuant thereto. (2) If an employer refuses such entry, then the commissioner may apply to the Franklin Circuit Court for an order to enforce the right of entry. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1756, effective July 15, 2010. -- Created 1972 Ky. Acts ch. 251, sec. 11.

KRS 338.110 Repealed, 1972

338.110. Repealed, 1972 Catchline at repeal: Seats to be provided for female employes. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866b-3.

KRS 338.111 Employer and employee representation

338.111. Employer and employee representation (1) Representatives of the employer shall be given the opportunity to accompany the commissioner or the authorized representative of the commissioner during the physical inspection of any place of employment as authorized by KRS 338.101. (2) A representative authorized by the employees shall be given an opportunity to accompany the representative of the commissioner during the physical inspection of any place of employment related to occupational safety and health as authorized by KRS 338.101. If there is no representative authorized by the employees available at the time of the physical inspection, the commissioner's representative shall consult with a reasonable number of employees concerning matters related to occupational safety and health in the place of employment. (3) The representative of the commissioner shall be responsible for the conduct of the inspection and may limit the number of representatives on the inspection team. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 3, effective June 27, 2025. -- Amended 2010 Ky. Acts ch. 24, sec. 1757, effective July 15, 2010. -- Created 1972 Ky. Acts ch. 251, sec. 12.

KRS 338.120 Repealed, 1972

338.120. Repealed, 1972 Catchline at repeal: Toilet and dressing rooms to be provided for employees. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866b-4.

KRS 338.121 Request for inspection -- Discrimination against employee prohibited -- Recourse

338.121. Request for inspection -- Discrimination against employee prohibited -- Recourse (1) Any employee, or representative authorized by the employees, who believes that a violation of an occupational safety and health standard exists that threate ns physical harm, or that an imminent danger exists in their workplace, may request an inspection by giving notice to the commissioner of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, including the date the violation is alleged to have occurred, and shall be signed by the employees or the representative authorized by the employees, and a copy shall be provided to the employer or the employer's agent no later than at the time of inspection, except that, upon written request of an employee giving such notice, his or her name shall not appear in such copy. (2) If upon receipt of notification, reasonable grounds evidence any violation or danger in the workplace, then a special inspection shall be made in accordance with the provisions of KRS 338.101 and 338.111. If no reasonable grounds evidence a potential violation or danger, then the commissioner shall notify the employee or the representative authorized by the employees in writing of such determination. (3) (a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this c hapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter; and (b) Any employee who believes that he or she has been dis charged or otherwise discriminated against by any person in violation of this subsection may, within thirty (30) days after such violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as deemed appropriate. If upon such investigation, the commissioner determines that the provisions of this subsection have been violated, he or she shall issue a citation to the employer within six (6) mon ths of the occurrence of the violation, which may be challenged or contested in accordance with the provisions of this chapter and the review commission may order the rehiring and reinstatement of the employee to his or her former position with back pay. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 4, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 236, sec. 124, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1758, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 134, sec. 1, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 177, sec. 1, effective July 15, 1986. -- Created 1972 Ky. Acts ch. 251, sec. 13.

KRS 338.130 Repealed, 1972

338.130. Repealed, 1972 Catchline at repeal: Copy of law to be posted -- Enforcement. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599c-16, 4866b-6.

KRS 338.131 Abatement of danger -- Commissioner may apply for injunction

338.131. Abatement of danger -- Commissioner may apply for injunction (1) Whenever an authorized representative of the commissioner determines that conditions in any place of employment are of an imminent danger which reasonably could be expected to cause death or serious physical harm, then he or she shall order the danger to be immediately abated. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. (2) In the event the danger is not abated immediately, the commissioner shall apply to the Franklin Circuit Court for an order to restrain such condition or practice. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1759, effective July 15, 2010. -- Created 1972 Ky. Acts ch. 251, sec. 14.

KRS 338.133 Injunction to restrain operation of unsafe premises or equipment

338.133. Injunction to restrain operation of unsafe premises or equipment (1) If in the discretion of the commissioner it is believed that a place of employment, equipment, or practice is substantially dangerous to employees, or other persons, then the commissioner may apply to the Circuit Court in the county wherein the condition is located for a temporary injunction restraining the operation or segment of operation. (2) The Circuit Court shall hear the application for the temporary injunction as soon as possible, irrespective of the regular court calendar. (3) The commissioner shall not be required to post any bond or pay any court costs or fees with the filing of the application. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1760, effective July 15, 2010. -- Amended 1980 Ky. Acts ch. 188, sec. 263, effective July 15, 1980. -- Created 1972 Ky. Acts ch. 326, sec. 2.

KRS 338.140 Repealed, 1972

338.140. Repealed, 1972 Catchline at repeal: Physician or surgeon for industrial plant -- Selection of. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-112.

KRS 338.141 Issuance of citation by commissioner -- Time limitation for issuance of citation -- Additional time for compliance -- Hearing

338.141. Issuance of citation by commissioner -- Time limitation for issuance of citation -- Additional time for compliance -- Hearing (1) If upon inspection an authorized representative of the commissioner finds that an employer has violated any requirement of this chapter, a citation shall be issued to the employer. Each citation shall describe with particularity the alleged violation, including a reference to the provision of the act, standard, rule, or administrative regulation alleged to have been violated. Each citation shall establish the time period permitted for correction of the alleged violation by fixing a reasonable date for elimination of the alleged violation and may propose a civil penalty to be paid. If within fifteen (15) working days from the receipt of the citation an employer, employee, or the employees' representative fails to notify the commissioner that he or she intends to contest the citation, then the citation shall be deemed a final order of the review commission and not be s ubject to review by any court or agency. (2) Any citation or a notice of a de minimis violation shall be promptly issued after the inspection. A citation or a notice of a de minimis violation shall not be issued more than six (6) months after the occurrence of any alleged violation. As used in this subsection, a de minimis violation is a violation that has no direct or immediate relationship to safety or health. A citation that is issued under this section shall not be classified as a repeated violation whe n issued more than three (3) consecutive years from the final order date of the previous citation. (3) The commissioner, upon determination that an employer is acting in good faith to correct the cited violation, may grant additional time for correction up on application by the employer. (4) If an employer, employee, or the employees' representative notifies the commissioner that he or she intends to challenge a citation issued under this section or under KRS 338.131, the commissioner shall notify the review commission of such notification and the review commission shall afford an opportunity for a hearing. (5) In the case of any review proceedings initiated by an employer, employee, or the employees' representative under this chapter, the time period permitt ed for correction of cited violations shall be tolled until the conclusion of the action. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 5, effective June 27, 2025. -- Amended 2010 Ky. Acts ch. 24, sec. 1761, effective July 15, 2010. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 1. -- Created 1972 Ky. Acts ch. 251, sec. 15.

KRS 338.150 Repealed, 1972

338.150. Repealed, 1972 Catchline at repeal: Counter-floors required in building construction in cities of the first and second classes. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741k-1.

KRS 338.151 Repealed, 1974

338.151. Repealed, 1974 Catchline at repeal: Variances. History: Repealed 1974 Ky. Acts ch. 311, sec. 4. -- Created 1972 Ky. Acts ch. 251, sec. 16.

KRS 338.153 Applications for variances -- Procedure for granting -- Temporary order

338.153. Applications for variances -- Procedure for granting -- Temporary order (1) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard promulgated under this chapter. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commissioner shall issue such rule or order if he or she determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his or her employees which are as safe and healthful as those which would prevail if he or she complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he or she must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, or by the commissioner of his or her own motion, in the manner prescribed for its issuance under this subsection at any time after six (6) months from its issuance. (2) (a) Any employer may apply to the commissioner for a temporary order granting a variance from a standard or any provision thereof promulgated under this section. Such temporary order shall be granted only if the employer files an application which meets the requirements of paragraph (b) of this subsection and establishes that: 1. He or she is unable to comply with the standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date; 2. He or she is taking all available steps to safeguard his or her employees against the hazards covered by the standard; and 3. He or she has an effective program for coming into compliance with the standard as quickly as practicable. Any temporary order issued under this subsection shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his or her program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing; provided, that the commissioner may issue one (1) interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one (1) year, whichever is shorter, except that such an order may be renewed not more than twice: 1. So long as the requirements of this subsection are met; and 2. If an application for renewal is filed at least ninety (90) days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than one hundred eighty (180) days. (b) An application for a temporary order under this subsection shall contain: 1. A specification of the standard or portion thereof from which the employer seeks a variance; 2. A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he or she is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor; 3. A statement of the steps he or she has taken and will take (with specific dates) to protect employees against the hazard covered by the standard; 4. A statement of when he or she expects to be able to comply with the standard and what steps he or she has taken and what steps he or she will take (with dates specified) to come into compliance with the standard; and 5. A certification that he or she has informed his or her employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the commissioner for a hearing. (c) The commissioner is authorized to grant a variance from any standard or portion thereof whenever he or she determines that such variance is necessary to permit an employer to participate in an experiment approved by him or her designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1762, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 414, sec. 20, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 311, sec. 2.

KRS 338.160 Repealed, 1972

338.160. Repealed, 1972 Catchline at repeal: Safe scaffolding required in cities of the first and second classes. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741k-3, 2741k-4, 2741k-8.

KRS 338.161 Statistical records -- Posting of notices

338.161. Statistical records -- Posting of notices (1) The Department of Workplace Standards shall develop and maintain a program of collection, compilation, and analysis of occupational safety and health statistics. Each employer shall make, keep and preserve, and make available to the commissioner and the Secretary of the United States Department of Labor or the Secretary of the United States Department of Health and Human Resources, such records regarding his or her activities relating to this chapter as may be prescribed by regulation. (2) The Department of Workplace Standards shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protection and obligations under this chapter. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1763, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 39, effective June 20, 2005. -- Amended 1984 Ky. Acts ch. 414, sec. 21, effective July 13, 1984. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 2. -- Created 1972 Ky. Acts ch. 251, sec. 17.

KRS 338.170 Repealed, 1972

338.170. Repealed, 1972 Catchline at repeal: Inspectors of scaffolding in cities of the first and second classes. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2741k-5, 2741k-7.

KRS 338.171 Confidentiality of trade secrets

338.171. Confidentiality of trade secrets All information obtained by the commissioner in connection with any inspection or proceeding under this chapter which might reveal a trade secret shall be considered confidential except that such information may be disclosed to those persons concerned with carrying out this chapter or when relevant in any proceedings under this chapter. In any such proceedings, the commissioner, review commission or courts shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1764, effective July 15, 2010. -- Created 1972 Ky. Acts ch. 251, sec. 18.

KRS 338.180 Repealed, 1972

338.180. Repealed, 1972 Catchline at repeal: Building inspection department and inspectors to formulate code -- Adoption. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741k-6.

KRS 338.181 Powers of Department of Workplace Standards -- Agreement with United States government

338.181. Powers of Department of Workplace Standards -- Agreement with United States government The Department of Workplace Standards is empowered to administer the provisions of this chapter to employers, employees, and places of employment under the jurisdiction of the United States government pursuant to any agreement between the Commonwealth and the United States government. Pursuant to such agreement, the Department of Workplace Standards is empowered to make employer reports and data available to the United States government. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1765, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 40, effective June 20, 2005. -- Amended 1984 Ky. Acts ch. 414, sec. 22, effective July 13, 1984. -- Created 1972 Ky. Acts ch. 251, sec. 20.

KRS 338.190 Repealed, 1972

338.190. Repealed, 1972 Catchline at repeal: Duties of inspectors. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741k-7.

KRS 338.191 Civil and criminal actions for violations brought by Attorney General

338.191. Civil and criminal actions for violations brought by Attorney General It shall be the duty of the Attorney General, upon request of the commissioner, to bring all necessary civil or criminal actions for violations of the provisions of this chapter and to obtain injunctions against any person violating or threatening to violate any provisions of this chapter. The Attorney General may appoint special counsel to prosecute these claims. In the event special counsel is secured, all costs will be borne by the Education and Labor Cabinet. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 125, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1766, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 414, sec. 23, effective July 13, 1984. -- Created 1972 Ky. Acts ch. 251, sec. 21.

KRS 338.195 Rebuttable presumption in asbestos cleanup lawsuits

338.195. Rebuttable presumption in asbestos cleanup lawsuits In any personal injury or property damage lawsuit arising from the cleanup of asbestos, the demonstration that acts or omissions of a party to the lawsuit during the party's involvement in cleanup of asbestos were in accordance with generally accepted practice and state-of-the-art scientific knowledge and utilized the best technology reasonably available to the party at the time the asbestos cleanup was performed shall create a rebuttable legal presumption that the acts or omissions were not negligent. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 279, sec. 2, effective July 15, 1986. Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136.

KRS 338.200 Repealed, 1972

338.200. Repealed, 1972 Catchline at repeal: Cost of medical examination or furnishing of records, employee not to pay. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Created 1950 Ky. Acts ch. 55, secs. 1 and 2.

KRS 338.201 Lien on property of employer who violates provisions of chapter -- Recording of lien

338.201. Lien on property of employer who violates provisions of chapter -- Recording of lien (1) A lien may be placed on all property, both real and personal, of an employer who has violated any requirement of this chapter, if the citation issued by the commissioner has been upheld by a final order of the review commission, but not before all administrative and judicial appeals have been exhausted. The lien shall be in favor of the Education and Labor Cabinet and shall be an amount totaling the penalties due, together with interest at a rate of twelve percent (12%) per annum from the date the order of the review commission is final, but not before all administrative and judicial appeals have been exhausted. The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer. The commissioner or the commissioner's designee shall record the lien as provided in subsection (2) of this section. The lien shall show the date on which the citation was issued, the date of the violation, the name and last known address of the employer against whom the assessment was made, and the amount of penalties and interest. The lien shall be superior to the lien of any mortgage or encumbrance thereafter created and shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged. (2) The lien shall be filed in any of the following offices in which the employer owns property or rights to property and any filing fees associated with filing the lien shall be pursuant to KRS 64.012: (a) The office of the county clerk of the county in which the defendant employer resides. (b) The office of the county clerk of the county in which the defendant employer has its principal place of business. (c) The office of the county clerk of any county in which the defendant employer has property or an interest in property. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 126, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1767, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 255, sec. 25, effective January 1, 2007. -- Created 1994 Ky. Acts ch. 128, sec. 1, effective July 15, 1994.

KRS 338.990 Repealed, 1972

338.990. Repealed, 1972 Catchline at repeal: Penalties. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Amended 1950 Ky. Acts ch. 55, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599c-25, 2062f-6, 2741k-1, 2741k-2, 2741k-3, 4866b-7. Legislative Research Commission Note. This section was repealed by Acts 1972, ch. 251, § 22 and amended by Acts 1972, ch. 326. Since all statutes for which this section provided penalties were also repealed by Acts 1972, ch. 251, only the repealer has been given effect in this compilation.

KRS 338.991 Penalties

338.991. Penalties (1) Any employer who willfully or repeatedly violates the requirement of any section of this chapter, including any standard, regulation, or order promulgated pursuant to this chapter, may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation, but not less than five thousand dollars ($5,000) for each willful violation. (2) Any employer who has received a citation for a serious violation of the requirements of any section of this chapter, including any standard, regulation, or order promulgated pursuant to this chapter, shall be assessed a civil penalty of up to seven thousand dollars ($7,000) for each violation. (3) Any employer who has received a citation for a violation of the requirements of any section of this chapter, in cluding any standard, regulation, or order promulgated pursuant to this chapter, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each violation. (4) Any employer who receives a notice of a de minimis violation of any section of this chapter, including any standard, administrative regulation, or order promulgated pursuant to this chapter, shall not be assessed a civil penalty. As used in this subsection, a de minimis violation is a violation that has no direct or immediate relationship to safety or health. (5) Any employer who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each day during which such failure or violation continues. (6) Any employer found to be in violation of subsection (3) of KRS 338.121 shall be assessed a civil penalty of up to ten thousand dollar s ($10,000) for each violation. (7) The review commission shall have the authority to modify all civil penalties and fines provided for in this chapter. The review commission may, at its discretion, suspend the time period allotted for correction of a viol ation during the review of an appeal from the violation in question. (8) All civil penalties and fines collected under the provision of this chapter shall be paid into the general fund. (9) Any employer or individual who knowingly makes any false statement , representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six (6) months, or by both. (10) Any person who gives advance notice of any investigation or inspection to be conducted under this chapter, without authority from the commissioner, shall, upon conviction, be punished by a fin e of not more than one thousand dollars ($1,000), or by imprisonment for not more than six (6) months, or by both. (11) Any employer or individual who willfully causes bodily harm to any authorized representative of the commissioner while attempting to conduct an investigation or inspection under the provisions of this chapter, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than one (1) year, or by both. (12) As used in this section, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one (1) or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 6, effective June 27, 2025. -- Amended 2010 Ky. Acts ch. 24, sec. 1768, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 23, sec. 1, effective July 14, 1992. --Amended 1978 Ky. Acts ch. 123, sec. 3, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 311, sec. 3. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 3. -- Created 1972 Ky. Acts ch. 251, sec. 19.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899Fetched: 10/20/2026