| Last Action | 02/21/25: posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2025 |
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| Title | AN ACT relating to occupational safety and health. |
| Bill Documents | Introduced |
| Bill Request Number | 905 |
| Sponsors | W. Thomas, J. Calloway, W. Lawrence, J. Nemes |
| Summary of Original Version | Amend KRS 338.015 to define "qualified representative"; amend KRS 338.062 to prohibit the Kentucky Occupational Safety and Health Standards Board or the secretary of the Education Labor Cabinet from enforcing any occupational safety and health administrative regulation that has not been promulgated by or that is more stringent than the corresponding federal provision; amend KRS 338.091 to allow the Franklin Circuit Court to award actual expenses against the Department of Workplace Standards; amend KRS 338.111 to allow an employee's representative be present during an inspection; to allow the commissioner's representative to consult with employees if there is no employee representative available; amend KRS 338.121 to allow only current employees or qualified representatives of current employees to request an inspection; require that the alleged violation date be included in the notice and the employee's representative be notified; create time limits for filing a complaint and issuing a citation; amend KRS 338.141 to require that each citation include reference to the provision of the rule or regulation violated; require a citation or notice for any de minimus violation be issued promptly after inspection; prohibit issuance of a citation more than six months after the violation; require the correction time period be tolled until conclusion of the action. |
| Index Headings of Original Version |
Federal Laws and Regulations - Federal occupational safety and health regulations, corresponding state regulations Labor and Industry - Occupational safety and health, standards Occupational Safety and Health - Safety regulations, standards, inspection procedures Personnel and Employment - Occupational safety and health, standards Safety - Occupational safety and health, standards Administrative Regulations and Proceedings - Education and Labor Cabinet, occupational safety and health, standards Workforce - Occupational safety and health, standards |
| Jump to Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 |
| 02/06/25 |
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| 02/12/25 |
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| 02/20/25 |
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| 02/21/25 |
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| Amendment | House Committee Substitute 1 |
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| Summary | Retain original provisions, except prohibit the secretary's designee, the commissioner, and the commissioner's authorized representative from enforcing any occupational safety and health administrative regulation that has not been promulgated or that is more stringent than the corresponding federal provision; prohibit a notice of a de minimis violation from being filed more than six months after the alleged violation; define "de minimis violation"; amend KRS 338.141 to prohibit a citation from being classified as a repeated violation when issued more than three consecutive years from the final order date of the previous citation; amend KRS 338.991 to prohibit any employer who receives a notice of de minimis violation from being assessed a civil penalty. |
| Index Headings |
Federal Laws and Regulations - Federal occupational safety and health regulations, corresponding state regulations Labor and Industry - Occupational safety and health, standards Occupational Safety and Health - Safety regulations, standards, inspection procedures Personnel and Employment - Occupational safety and health, standards Safety - Occupational safety and health, standards Administrative Regulations and Proceedings - Education and Labor Cabinet, occupational safety and health, standards Workforce - Occupational safety and health, standards |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | W. Thomas |
| Summary | Retain original provisions, except correct a reference to the qualified representative authorized by the employee. |
| Index Headings |
Federal Laws and Regulations - Federal occupational safety and health regulations, corresponding state administrative regulations Labor and Industry - Occupational safety and health, standards Occupational Safety and Health - Safety regulations, standards, inspection procedures Personnel and Employment - Occupational safety and health, standards Safety - Occupational safety and health, standards Administrative Regulations and Proceedings - Education and Labor Cabinet, occupational safety and health, standards Workforce - Occupational safety and health, standards |
Last updated: 2/21/2025 4:29 PM (EST)