Title 803 | Chapter 002 | Regulation 120E
803 KAR 2:120REG
A proposed version of this document exists.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
803 KAR 2:120E
This emergency amendment to an existing regulation, 803 KAR 2:120, Citations, is necessary under House Bill 398 that was enacted in the 2025 Regular Session and amended Kentucky Revised Statutes ("KRS") 338.062, effective June 27, 2025 which requires "the Kentucky Occupational Safety and Health Standards board, 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." This emergency amendment is also necessary to meet the requirements in Public Law 91-596 84 STAT. 1590 Section 18 of the Occupational Safety and Health ("OSH") Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements.
This emergency amendment to an existing administrative regulation will be replaced by an identical ordinary administrative regulation that is being filed simultaneously with the Regulations Compiler.
ANDY BESHEAR, Governor
JAMIE LINK, Secretary
EDUCATION AND LABOR CABINET
Department of Workplace Standards
Division of Occupational Safety and Health Compliance
(Emergency Amendment)
803 KAR 2:120E.Citations.
Section 1.
Definitions.(1)
"Commissioner" is defined by KRS 338.015.(2)
"Compliance safety and health officer" means a person authorized by the commissioner to conduct occupational safety and health inspections.(3)
"Employee" is defined by KRS 338.015(2).(4)
"Employer" is defined by KRS 338.015(1).(5)
"Occupational safety and health standard" is defined by KRS 338.015(3).(6)
"Review commission" is defined by KRS 338.015(8).(7)
"Working days" means Monday through Friday and does not include Saturday, Sunday, federal or state holidays, or the day of receipt of notice.Section 2.
Citations.(1)
If the commissioner has reason to believe that an employer violated a requirement of KRS Chapter 338, or any occupational safety and health standard, rule, or order promulgated pursuant KRS Chapter 338, the commissioner shall issue, with delivery or receipt confirmation, the employer a citation indicating the violation.(2)
An appropriate citation shall be issued even if after being informed of an alleged violation by the compliance safety and health officer, the employer immediately abates, or initiates steps to abate, the alleged violation.(3)
A citation shall not be issued more than six (6) months after the occurrence of any alleged violation.Section 3.
Content of Citation.(1)
Each citation shall describe with particularly the alleged violation, including a reference to the provision or provisions of KRS Chapter 338, standard, rule, or administrative regulation alleged to have been violated.(2)
Each citation shall establish a reasonable date for the elimination of the alleged violation.(3)
Each citation may propose a civil penalty.Section 4.
Citations Issued for Requested Inspections. If a citation is issued for a violation alleged in request for inspection pursuant KRS 338.121, a copy of the citation shall be sent, with delivery or receipt confirmation, to the employee or representative of employees who made the request or notification.Section 5.
Final Order Statement. Each citation shall state the citation shall be deemed a final order of the review commission and not be subject to review by any court or agency if an employer, employee, or representative of the employees fails to notify the commissioner within fifteen (15) working days from the receipt of the citation that he or she intends to contest the citation.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
JAMIE LINK, Secretary
APPROVED BY AGENCY: July 19, 2025
FILED WITH LRC: July 22, 2025 at 9:22 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held October 27th, 2025 at 10:00 a.m. EDST via Zoom. Public access to the meeting is available at: https://us06web.zoom.us/j/88214349682?pwd=KAOa4E964NOSDsT3yq7ybdycWGXCfG.1, Passcode 210397, or telephone at (713) 353-0212, (888) 822-7517 toll free, conference code 194378. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Robin Maples, OSH Standards Specialist, Education and Labor Cabinet, Mayo-Underwood Building, 500 Mero Street, 3rd Floor, Frankfort, Kentucky 40601, phone (502) 564-4107, fax (502) 564-4769, email robin.maples@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Robin Maples
Subject Headings:
Occupational Safety and Health, Education and Labor Cabinet, Workplace Standards
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Section 1 of this administrative regulation defines terms. Section 2 establishes requirements for citations issued by the Department of Workplace Standards Division of Occupational Safety and Health Compliance.
(b) The necessity of this administrative regulation:
This regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to Kentucky Revised Statute ("KRS") 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the Occupational Safety and Health ("OSH") Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(52), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 338.061 authorizes the Kentucky Occupational Safety and Health Standards Board to adopt, modify, or repeal occupational safety and health administrative regulations. This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment updates the requirements for citations issued by the Department of Workplace Standards Division of Occupational Safety and Health Compliance pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025.
(b) The necessity of the amendment to this administrative regulation:
This regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to Kentucky Revised Statute ("KRS") 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the Occupational Safety and Health ("OSH") Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements.
(c) How the amendment conforms to the content of the authorizing statutes:
Kentucky operates a State Plan approved by OSHA that provides employee OSH protections. OSHA approves, monitors, and provides funding to Kentucky. It is necessary to promulgate this regulation pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment complies with the amendment to KRS 338.141 and ensures the state program is consistent and as effective as the federal program.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects all employers in the Commonwealth covered by KRS Chapter 338.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
No additional compliance duties are imposed and no immediate action is required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no additional cost to the OSH Program to implement this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
This amendment complies with the amendment to KRS 338.062 and ensures the state program is consistent and as effective as the federal program.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the OSH Program to implement this administrative regulation.
(b) On a continuing basis:
There are no new costs associated with this regulation.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Current state and federal funding.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is neither an increase in fees nor an increase in funding necessary to implement this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes any fees nor directly or indirectly increases any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied. All employers covered by KRS Chapter 338 are treated equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 338.061 authorizes the Kentucky Occupational Safety and Health Standards Board to adopt, modify, or repeal occupational safety and health administrative regulations. This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in KRS 338.051, KRS 338.061, Public Law 91-596 84 STAT. 1590 Section 18 of the OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1).
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
This administrative regulation imposes no new direct cost burden on employers and does not require them to take any action to comply.
(b) Methodology and resources used to reach this conclusion:
Not applicable.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will not a have a "major economic impact" as defined by KRS 13A.010(13).
(b) The methodology and resources used to reach this conclusion:
Not applicable.
STATEMENT OF EMERGENCY
803 KAR 2:120E
This emergency amendment to an existing regulation, 803 KAR 2:120, Citations, is necessary under House Bill 398 that was enacted in the 2025 Regular Session and amended Kentucky Revised Statutes ("KRS") 338.062, effective June 27, 2025 which requires "the Kentucky Occupational Safety and Health Standards board, 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." This emergency amendment is also necessary to meet the requirements in Public Law 91-596 84 STAT. 1590 Section 18 of the Occupational Safety and Health ("OSH") Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements.
This emergency amendment to an existing administrative regulation will be replaced by an identical ordinary administrative regulation that is being filed simultaneously with the Regulations Compiler.
ANDY BESHEAR, Governor
JAMIE LINK, Secretary
EDUCATION AND LABOR CABINET
Department of Workplace Standards
Division of Occupational Safety and Health Compliance
(Emergency Amendment)
803 KAR 2:120E.Citations.
Section 1.
Definitions.(1)
"Commissioner" is defined by KRS 338.015.(2)
"Compliance safety and health officer" means a person authorized by the commissioner to conduct occupational safety and health inspections.(3)
"Employee" is defined by KRS 338.015(2).(4)
"Employer" is defined by KRS 338.015(1).(5)
"Occupational safety and health standard" is defined by KRS 338.015(3).(6)
"Review commission" is defined by KRS 338.015(8).(7)
"Working days" means Monday through Friday and does not include Saturday, Sunday, federal or state holidays, or the day of receipt of notice.Section 2.
Citations.(1)
If the commissioner has reason to believe that an employer violated a requirement of KRS Chapter 338, or any occupational safety and health standard, rule, or order promulgated pursuant KRS Chapter 338, the commissioner shall issue, with delivery or receipt confirmation, the employer a citation indicating the violation.(2)
An appropriate citation shall be issued even if after being informed of an alleged violation by the compliance safety and health officer, the employer immediately abates, or initiates steps to abate, the alleged violation.(3)
A citation shall not be issued more than six (6) months after the occurrence of any alleged violationSection 3.
Content of Citation.(1)
Each citation shall describe with particularly the(2)
Each citation shall establish a reasonable date for the elimination of(3)
Each citation may propose a civil penalty.Section 4.
Citations Issued for Requested Inspections. If a citation is issued for a violation alleged in request for inspection pursuant KRS 338.121, a copy of the citation shall be sent, with delivery or receipt confirmation, to the employee or representative of employees who made the request or notification.Section 5.
Final Order Statement. Each citation shall state the citation shall be deemed a final order of the review commission and not be subject to review by any court or agency if an employer, employee, or representative of the employees fails to notify the commissioner within fifteen (15) working days from the receipt of the citation that he or she intends to contest the citation.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
JAMIE LINK, Secretary
APPROVED BY AGENCY: July 19, 2025
FILED WITH LRC: July 22, 2025 at 9:22 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held October 27th, 2025 at 10:00 a.m. EDST via Zoom. Public access to the meeting is available at: https://us06web.zoom.us/j/88214349682?pwd=KAOa4E964NOSDsT3yq7ybdycWGXCfG.1, Passcode 210397, or telephone at (713) 353-0212, (888) 822-7517 toll free, conference code 194378. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Robin Maples, OSH Standards Specialist, Education and Labor Cabinet, Mayo-Underwood Building, 500 Mero Street, 3rd Floor, Frankfort, Kentucky 40601, phone (502) 564-4107, fax (502) 564-4769, email robin.maples@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Robin Maples
Subject Headings:
Occupational Safety and Health, Education and Labor Cabinet, Workplace Standards
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Section 1 of this administrative regulation defines terms. Section 2 establishes requirements for citations issued by the Department of Workplace Standards Division of Occupational Safety and Health Compliance.
(b) The necessity of this administrative regulation:
This regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to Kentucky Revised Statute ("KRS") 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the Occupational Safety and Health ("OSH") Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(52), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 338.061 authorizes the Kentucky Occupational Safety and Health Standards Board to adopt, modify, or repeal occupational safety and health administrative regulations. This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment updates the requirements for citations issued by the Department of Workplace Standards Division of Occupational Safety and Health Compliance pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025.
(b) The necessity of the amendment to this administrative regulation:
This regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to Kentucky Revised Statute ("KRS") 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of the Occupational Safety and Health ("OSH") Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements.
(c) How the amendment conforms to the content of the authorizing statutes:
Kentucky operates a State Plan approved by OSHA that provides employee OSH protections. OSHA approves, monitors, and provides funding to Kentucky. It is necessary to promulgate this regulation pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 of OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment complies with the amendment to KRS 338.141 and ensures the state program is consistent and as effective as the federal program.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects all employers in the Commonwealth covered by KRS Chapter 338.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
No additional compliance duties are imposed and no immediate action is required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no additional cost to the OSH Program to implement this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
This amendment complies with the amendment to KRS 338.062 and ensures the state program is consistent and as effective as the federal program.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the OSH Program to implement this administrative regulation.
(b) On a continuing basis:
There are no new costs associated with this regulation.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Current state and federal funding.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is neither an increase in fees nor an increase in funding necessary to implement this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes any fees nor directly or indirectly increases any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied. All employers covered by KRS Chapter 338 are treated equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 338.061 authorizes the Kentucky Occupational Safety and Health Standards Board to adopt, modify, or repeal occupational safety and health administrative regulations. This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025, and to meet the requirements established in KRS 338.051, KRS 338.061, Public Law 91-596 84 STAT. 1590 Section 18 of the OSH Act of 1970, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.5(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1).
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is necessary pursuant to House Bill 398 of the 2025 Regular Session and subsequent amendment to KRS 338.141, effective June 27, 2025.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
This administrative regulation imposes no new direct cost burden on employers and does not require them to take any action to comply.
(b) Methodology and resources used to reach this conclusion:
Not applicable.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will not a have a "major economic impact" as defined by KRS 13A.010(13).
(b) The methodology and resources used to reach this conclusion:
Not applicable.