Title XXVII, Labor and Human Rights

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 m…

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…

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,…

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 (1) Occupational safety and health standards may be adopted, modified, or repealed by the board through the administrative regulation process of KRS Chapter 13A as it shall deem necessary, except the secretary may through an…

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 enfor…

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 comp…

(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 r…

(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…

(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 o…

(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 emp…

Recourse. (1) Any employee, or representative authorized by the employees, who believes that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent danger exists in their workplace, may request an inspection by giving no…

(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…

(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 temp…

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 partic…

(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 issu…

(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 Unite…

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 chapt…

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 U…

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 thi…

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-ar…

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 administr…

(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,…