KentuckyHB 3982025 Regular SessionHouse

AN ACT relating to occupational safety and health.

Sponsored By: Walker Thomas (Republican)

Became Law

Federal Laws and RegulationsLabor and IndustryOccupational Safety and HealthPersonnel and EmploymentSafetyAdministrative Regulations and ProceedingsWorkforce

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Workers can request and join safety inspections

Workers or their representatives can request inspections for violations threatening physical harm or for imminent danger. Requests must be written and signed, explain the grounds, and include the alleged violation date. Employers receive a copy by inspection time; workers can ask in writing to leave their names off that copy. The commissioner must inspect when reasonable grounds exist, or otherwise give the requester a written decision. Employer representatives must get a chance to join, and worker representatives may join; without one, inspectors must consult workers. Inspectors control the inspection and can limit how many representatives attend.

Workers face tight safety retaliation deadlines

Workers alleging firing or discrimination for exercising workplace safety rights must complain to the commissioner within 30 days. If the commissioner finds a violation, a citation must be issued within six months of the violation. The review commission can order rehiring or reinstatement with back pay. The law removes the secretary's power to order temporary reinstatement while the commission's final decision is pending.

Kentucky limits state workplace safety rules

Kentucky cannot adopt or enforce workplace safety rules without a federal counterpart or rules stricter than corresponding federal standards. This limits state-only requirements for employers and the state's power to require stronger worker protections. The state cabinet keeps its power to set and enforce needed safety rules for public employees.

Employers get limits on safety citations

Safety citations must explain the alleged violation, identify the rule, set a reasonable correction date, and state any proposed fine. Citations and notices of minor violations must be issued promptly after inspection, within six months of the alleged violation. A citation cannot count as repeated more than three consecutive years after the earlier citation's final order date. Employers cannot receive civil fines for violations with no direct or immediate link to safety or health.

Safety appeals pause orders, allow legal reimbursement

Starting court review automatically pauses the safety review commission's order while the case is pending. Review started by an employer, worker, or worker representative also pauses the time allowed to correct a cited violation. Appeals to Franklin Circuit Court must start within 30 days and use the existing record, without new evidence. The court can award actual expenses, including court costs and lawyer fees, against the Kentucky Department of Workplace Standards. Reimbursement is not automatic; the department must adopt rules consistent with federal Equal Access to Justice Act standards.

Sponsors & Cosponsors

Sponsor

  • Walker Thomas

    Republican • House

Cosponsors

  • Josh Calloway

    Republican • House

  • Jason Nemes

    Republican • House

  • William Lawrence

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 197 • No: 73

House vote • 3/27/2025

passed

Yes: 78 • No: 22

Senate vote • 3/27/2025

passed

Yes: 29 • No: 9

Senate vote • 3/13/2025

3rd reading, passed

Yes: 28 • No: 9

House vote • 2/26/2025

passed

Yes: 62 • No: 33

Actions Timeline

  1. delivered to Secretary of State (Acts Ch. 105)

    3/27/2025
  2. enrolled, signed by President of the Senate

    3/27/2025House
  3. enrolled, signed by Speaker of the House

    3/27/2025House
  4. received in House

    3/27/2025House
  5. passed 29-9

    3/27/2025Senate
  6. veto overridden

    3/27/2025Senate
  7. posted for passage for consideration of Governor's veto

    3/27/2025
  8. to Rules (S)

    3/27/2025Senate
  9. received in Senate

    3/27/2025Senate
  10. passed 78-22

    3/27/2025House
  11. veto overridden

    3/27/2025House
  12. posted for consideration of Governor's veto

    3/27/2025
  13. taken from Rules

    3/27/2025House
  14. to Rules (H)

    3/27/2025House
  15. received in House

    3/27/2025House
  16. Vetoed

    3/24/2025
  17. delivered to Governor

    3/13/2025
  18. enrolled, signed by President of the Senate

    3/13/2025Senate
  19. enrolled, signed by Speaker of the House

    3/13/2025Senate
  20. passed 70-20

    3/13/2025Senate
  21. House concurred in Senate Committee Substitute (1)

    3/13/2025Senate
  22. posted for passage for concurrence in Senate Committee Substitute (1)

    3/13/2025Senate
  23. to Rules (H)

    3/13/2025House
  24. received in House

    3/13/2025House
  25. 3rd reading, passed 28-9 with Committee Substitute (1)

    3/13/2025Senate

Bill Text

  • Current

    3/27/2025

  • Introduced

    2/5/2025

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