House Bill 398

Actions | Amendments
Last Action 03/13/25: delivered to Governor
Title AN ACT relating to occupational safety and health.
Bill Documents Current
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
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/06/25
  • introduced in House
  • to Committee on Committees (H)
02/12/25
  • to Economic Development & Workforce Investment (H)
02/20/25
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/21/25
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
  • posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2025
02/25/25
  • floor amendments (2), (3) and (4) filed to Committee Substitute , floor amendment (5) filed to bill
02/26/25
  • 3rd reading
  • floor amendment defeated Floor Amendments (2) and (3)
  • passed 62-33 with Committee Substitute (1) and Floor Amendment (1)
02/27/25
  • received in Senate
  • to Committee on Committees (S)
03/04/25
  • to Licensing & Occupations (S)
03/07/25
  • taken from Licensing & Occupations (S)
  • 1st reading
  • returned to Licensing & Occupations (S)
03/11/25
  • taken from Licensing & Occupations (S)
  • 2nd reading
  • returned to Licensing & Occupations (S)
03/13/25
  • reported favorably, to Rules with Committee Substitute (1)
  • posted for passage in the Regular Orders of the Day for Thursday, March 13, 2025
  • 3rd reading, passed 28-9 with Committee Substitute (1)
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute (1)
  • House concurred in Senate Committee Substitute (1)
  • passed 70-20
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
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

Amendment House Floor Amendment 2
Sponsor J. Blanton
Summary Retain original provisions, except delete definition of "qualified representative" from KRS 338.015; make conforming changes to remove "qualified representative" references; make technical changes.
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 3
Sponsor A. Gentry
Summary Retain original provisions, except delete the section amending KRS 338.062.
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

Amendment House Floor Amendment 4
Sponsor A. Gentry
Summary Delete enacting clause.
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 5
Sponsor A. Gentry
Summary Delete enacting clause.
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

Amendment Senate Committee Substitute 1
Summary Retain original provisions, except remove amendments to KRS 338.015; remove all references to "qualified representative"; amend KRS 338.091 to require the Department of Workplace Standards to promulgate regulations that comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412.
Index Headings Labor and Industry - Occupational safety and health, standards, attorneys' fees, litigation
Occupational Safety and Health - Safety regulations, standards, attorneys' fees, litigation
Safety - Occupational safety and health, standards, attorneys' fees, litigation
Workforce - Occupational safety and health, standards, attorneys' fees, litigation

Last updated: 3/13/2025 11:37 PM (EDT)