Overview

• Initial Approval: July 31, 1973 (38 FR 20324)
• State Plan Certification: February 8, 1980 (45 FR 8596, 8598)
• 18(e) Final Approval: June 13, 1985 (50 FR 24896)

Kentucky Occupational Safety and Health (Kentucky OSH) is part of the Kentucky Education and Labor Cabinet's Department of Workplace Standards in Frankfort.

Coverage

The Kentucky State Plan applies to all private sector workplaces in the state with the exception of:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
2. Employment at Tennessee Valley Authority facilities, military bases, and other properties ceded to the federal government;
3. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
4. The enforcement of the field sanitation standard (29 CFR 1928.110) and the enforcement of the temporary labor camps standard (29 CFR 1910.142) with respect to any agricultural establishment where workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3) – regardless of the number of workers – including workers engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except that Kentucky retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities;
5. All working conditions of aircraft cabin crewmembers onboard aircraft in operation; and
6. Any hazard, industry, geographical area, operation or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the State Plan.

The Kentucky State Plan also applies to state and local government employers. It does not apply to federal government employers including USPS. Federal OSHA covers the issues not covered by the Kentucky State Plan, except for the enforcement of the field sanitation and temporary labor camp standards, as described above, which is the responsibility of the Wage and Hour Division of the U.S. Department of Labor. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. Kentucky OSH also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Kentucky State Plan is included in the Code of Federal Regulations at 29 CFR 1952.11. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

The Kentucky OSH Standards Board is a 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 Education and Labor Cabinet. The remaining 12 members are appointed by the governor to equally represent agriculture, labor, management, and the safety and health profession. Kentucky OSH standards consist of state-specific standards unique to Kentucky, OSHA standards incorporated with state-specific provisions, and OSHA standards incorporated without change.

General Industry

• Access to Employee Exposure and Medical Records
• Batteries
• Bloodborne Pathogens
• Contest of Citations
• Control of Hazardous Energy (Lockout)
• Discrimination
• Employers' Responsibility Where Employees are Exposed to Toxic Substances
• Fire Apparatus and Fire Department Facilities
• Flammable and Combustible Liquids
• Laboratory Activities
• Machinery and Machine Guarding
• Medical Services and First-Aid
• Off Highway Motor Vehicles and Equipment
• Receiving and Unloading Bulk Hazardous Liquids
• Recordkeeping; Reporting; Statistics
• Toxic and Hazardous Substances (including 4,4 Methylene bis (2-Chloroaniline))

Construction

• Bloodborne Pathogens
• Contest of Citations
• Discrimination
• Employers Responsibilities Where Employees Are Exposed to Toxic Substances
• Fall Protection, Cranes and Derricks in Construction
• Fall Protection, Residential
• Fall Protection, Steel Erection
• Receiving and Unloading Bulk Hazardous Liquids
• Recordkeeping; Reporting; Statistics
• Safety and Testing of Supply Lines in Excess of 600 Volts

Enforcement Programs

Kentucky OSH Compliance is responsible for the enforcement of safety and health standards. Compliance officers inspect workplaces for hazardous conditions. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals. More information on enforcement can be found on the Kentucky State Plan website.

Voluntary and Cooperative Programs

Kentucky OSH offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. It also offers on-site consultation services which help employers – both state and local government and private – comply with Kentucky OSH standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the Kentucky State Plan website.

Informal Conferences and Appeals

Employers, workers, and worker representatives have the right to contest citations issued by Kentucky OSH. For more information on these proceedings, please visit the Kentucky State Plan website.