About the Kentucky State Plan
The Kentucky Occupational Safety and Health (OSH) Program, by means of Kentucky Revised Statutes Chapter 338 and through a state plan approved by OSHA, maintains authority for enforcement, standards promulgation, and on-site consultation and training services related to job safety and health in accordance with Section 18 of the OSH Act of 1970. The Kentucky OSH Program was initially approved in 1973 and granted final state plan approval June 13, 1985. Kentucky was the first state plan approved under the revised federal benchmarks.
On June 2, 2008, Kentucky Governor Steve Beshear signed Executive Order
2008-472, which re-established the Kentucky Labor Cabinet, effective June 16,
2008. The purpose of the reorganization was to streamline state services and
concentrate limited resources on frontline, regulatory activity. The duties,
personnel, and budgets of all organizational entities within, attached to, or
associated with the former Department of Labor in the Environmental and Public
Protection Cabinet were transferred to the Labor Cabinet, headed by a secretary
appointed by the Governor. The responsibility for enforcing occupational safety
and health law in the Commonwealth of Kentucky is now vested in the Labor
Cabinet and assigned to the Department of Workplace Standards, headed by a
commissioner appointed by the secretary with the approval of the Governor.
Kentucky’s revised OSH Program consists of the OSH federal-state coordinator,
standards specialists, and support staff, all of whom are attached to the
commissioner’s office; the Division of Occupational Safety and Health
Compliance; and the Division of Occupational Safety and Health Education and
Training.
Jurisdiction
The Kentucky OSH Program exercises jurisdiction over all private and public sector employers and employees within the State except private sector maritime activities, Tennessee Valley Authority facilities, military personnel, U.S. Postal Service employees, employees working at properties ceded to the U.S. government, employees of the federal government, and issues of field sanitation and temporary labor camps in agriculture, except for agricultural temporary labor camps associated with egg, poultry or red meat production, or the post harvest processing of agricultural or horticultural commodities.
See 29 CFR 1952.235.
Regulations and Standards
States must maintain job safety and health standards that are "at least as effective as" comparable federal standards. States may promulgate standards that are more stringent than the comparable federal standards or promulgate standards covering hazards not addressed by federal standards.
The Kentucky OSH Standards Board is a thirteen (13) member body empowered to adopt, modify, or repeal OSH standards in the Commonwealth of Kentucky. The Board is chaired by
the Secretary of the Labor Cabinet. The remaining twelve (12) members are appointed by the Governor to equally represent agriculture, labor, management, and the safety and health profession.
Kentucky's OSH regulations are promulgated by means of Kentucky Administrative Regulations. They consist of state-specific regulations unique to Kentucky, OSHA regulations incorporated with state-specific provisions, and OSHA regulations incorporated without change. In general industry, Kentucky has state specific requirements regarding:
The regulations are available on the
Kentucky State Plan website.
Enforcement Programs
The Division of of Occupational Safety and Health is responsible for the enforcement of Kentucky's OSH standards. Compliance officers inspect workplaces to assure there are no hazardous conditions that threaten the safety or health of workers. Should such a condition be found, citations may be issued. Inspections may be the result of regular scheduling, imminent danger reports, accident or fatality reports, employee complaints, or a referral. Additional information can be found in the
Kentucky State Plan - Compliance Section of the website.
Voluntary and Cooperative Programs
The Division of Occupational Safety and Health Education and Training provides timely expert safety and health assistance to employers and employees to assure every worker in the Commonwealth safe and healthful working conditions. In addition to consultative surveys, the Division offers training and a number of voluntary and cooperative programs, such as VPP, CPP, SHARP, OSP, and SPP, focused on reducing injury and illness. Additional information can be found in the
Kentucky State Plan - Education and Training section of the website.
Policies and Procedures
Explanation of Kentucky's policies and procedures can be found by contacting the
Department of Workplace Standards or visiting the
Kentucky State Plan Website.
Informal Conferences and Appeals
The OSH Review Commission is an independent quasi-judicial body empowered to hear and rule on OSH contested cases. The Commission is administratively attached to the
Labor Cabinet; and, consists of three (3) members appointed by the Governor to represent the interests of employees, employers, and the OSH profession. First level contests are heard and ruled upon by hearing officers employed by the Kentucky Attorney General's office.
Decisions of the KOSH Review Commission.
Other Resources
Publications and Posters
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.
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