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Kentucky Occupational Safety and Health Program Overview
The Kentucky Occupational Safety and Health (OSH) Program, under the statutory authority of KRS Chapter 338 and through a state plan approved by the U.S. Department of Labor, OSHA, maintains authority for enforcement, standards promulgation, on-site consultation and training services related to job safety and health. Since 1972, its mission has been to prevent any detriment to the safety and health of all employees both public and private arising out of exposure to harmful conditions and practices at places of work. This is accomplished through the dual approach of firm, but fair, enforcement through inspections, citations for violations and monetary penalties, coupled with the offer of cost-free voluntary compliance assistance through on-site consultative surveys, training courses and technical assistance. This balanced, common sense approach has improved Kentucky's work environment and prevented countless work-related injuries and illnesses since the inception of the Kentucky OSH Program.
The primary components of the Kentucky Occupational Safety and Health Program include two major divisions (the Division of Occupational Safety and Health Compliance and the Division of Occupational Safety and Health Education and Training) and an administrative office (Office of Federal/State Coordination and Standards Development). In addition, the program includes the Kentucky OSH Standards Board, which is responsible for adopting, amending or revoking OSH regulations. The OSH Review Commission, which also was created by KRS Chapter 338, is an independent quasi-judicial body that hears and rules on OSH contested cases.
Enforcement activities and voluntary compliance services are extended to both the public and private sectors in Kentucky with the exception of employees of the federal government and employers under the authority of federal agencies other than OSHA, such as the Mine Safety and Health Administration (MSHA) or the Federal Railroad Administration (FRA).
Federal OSHA retains jurisdiction in Kentucky for private sector maritime activities as well as for employment at the Tennessee Valley Authority, military bases and other properties ceded to the U.S. government.
The vast majority of employers and employees in Kentucky, however, are impacted by the Kentucky OSH Program.
Kentucky Occupational Safety and Health Program at a Glance
Established:
1972 by act of General Assembly and 1973 approval of Kentucky State Plan by U.S. Department of Labor, OSHA.
Enabling Legislation:
KRS Chapter 338.
Administrative Regulations:
803 KAR 2 (Kentucky Occupational Safety and Health) and 803 KAR 50 (OSH Review Commission).
Mission:
To prevent any detriment to the safety and health of all employees both public and private arising out of exposure to harmful conditions and practices at places of work.
Jurisdiction:
All public and private employers and employees with the exception of those in private sector maritime activities, federal employees, employment at Tennessee Valley Authority facilities, military bases and any properties ceded to the U.S. government. (These remain under OSHA jurisdiction.) Also employment and places of employment over which other federal agencies exercise statutory authority, such as MSHA, FRA are not within the Kentucky OSH Program jurisdiction.
Organizational Units:
- Division of Occupational Safety and Health Compliance
- Division of Occupational Safety and Health Education &Training
- Office of Federal/State Coordination
- Office of Standards Development and Interpretation
Associated Entities
- Occupational Safety and Health Standards Board
- Occupational Safety and Health Review Commission
Funding Sources:
- Workers' Compensation Funding Commission
- U.S. Department of Labor, OSHA
- U.S. Department of Labor, Bureau of Labor Statistics
Physical Address:
Kentucky Labor Cabinet
Kentucky Occupational Safety and Health Program
1047 U.S. 127 South, Suite 4
Frankfort, KY 40601
Telephone:
(502) 564-3070
Division of Occupational Safety and Health Compliance
The Division of Occupational Safety and Health Compliance is responsible for the enforcement of Kentucky's Occupational Safety and Health Standards. Safety compliance officers and industrial hygienists inspect workplaces to assure there are no hazardous conditions which would threaten the health or safety of workers. Should such conditions be found, inspectors may issue citations for violations of Kentucky statutes or standards. Inspections may be the result of regular scheduling, imminent danger reports, accident or fatality reports, employee complaints or referrals from other agencies.
Additional information concerning enforcement, complaints and post inspection activities may be found on the Division of Occupational Safety and Health Compliance's homepage and clicking on these points of interest.
Division of Occuptional Safety and Health Education and Training
The Division of Occupational Safety and Health Education and Training assists employers and employees by promoting voluntary compliance with the occupational safety and health standards. This cost-free assistance consists of technical training, consultation, publications and information on injury/illness recordkeeping requirements. This unit is also responsible for overseeing the Voluntary Partners Program (VPP) as well as conducting the Annual Survey of Occupational Injuries and Illnesses, the Census of Fatal Occupational Injuries and the OSHA Data Collection.
Additional information concerning consultation, training, technical assistance, awards, publications and statistical services may be found by returning to the Kentucky Division of Occupational Safety and Health Education and Training's homepage and clicking on these points of interest.
Office of Federal/State Coordination
This office is responsible for maintaining the Kentucky OSH State Plan, as well as handling day-to-day communications with other government agencies both at the state and federal level including the U.S. Department of Labor, OSHA and BLS, other state OSH program.
Office of Standards Development and Interpretation
Safety and Health Standards Specialists from this office serve as support staff to the Kentucky Occupational Safety and Health Standards Board, respond to questions and provide interpretations of Kentucky OSH standards.
Kentucky Occupational Safety and Health Standards Board
The Standards Board is a 13-member body chaired by the Secretary of Labor. The remaining 12 members are appointed by the governor to equally represent labor, management, agriculture and the safety and health profession. Meeting at least once each year, the board is empowered to promulgate occupational safety and health standards. Notices of all meetings are placed in newspapers throughout the state. All board meetings are open to the public.
Kentucky Occupational Safety and Health Review Commission
The Review Commission is a quasi-judicial body empowered to hear and rule on appeals from citations issued by the Kentucky OSH Program. The Commission consists of three members appointed by the governor to represent the interests of employers, employees and the occupational safety and health profession. Under an agreement with the Attorney General's Office, first-level contests are heard and ruled upon by hearing officers employed by the Attorney General.
