Bill

Bill > HB398


KY HB398

AN ACT relating to occupational safety and health.


summary

Introduced
02/06/2025
In Committee
03/27/2025
Crossed Over
02/27/2025
Passed
03/13/2025
Dead
Vetoed
03/24/2025
Veto Overridden
03/27/2025
Signed/Enacted/Adopted
03/27/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill amends several sections of Kentucky law related to occupational safety and health, with several key provisions. The bill restricts the Kentucky Occupational Safety and Health Standards Board from adopting or enforcing any safety regulations that are more stringent than federal provisions or that have not been promulgated by the federal Occupational Safety and Health Administration. It allows the Franklin Circuit Court to award actual expenses, including court costs and attorney's fees, against the Department of Workplace Standards in certain appeals. The bill modifies inspection procedures to allow employee representatives to accompany inspectors and requires that any inspection-related complaints include the date of the alleged violation. It establishes time limits for filing complaints and issuing citations, specifically prohibiting citations more than six months after a violation occurs. The bill also introduces the concept of "de minimis violations" - minor infractions with no direct safety or health implications - which would not result in civil penalties. Additionally, the bill provides that during any review proceedings, the time period for correcting cited violations will be paused until the action is concluded. These changes aim to streamline occupational safety and health enforcement processes and align state regulations more closely with federal standards.

Committee Categories

Business and Industry, Labor and Employment

Sponsors (4)

Last Action

delivered to Secretary of State (Acts Ch. 105) (on 03/27/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...