Skip to main navigation Skip to main content

Standards

State and Federal Regulations

Introduction

Adoption of OSHA Standards and Policies

The Kentucky 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, on-site consultation, standards promulgation, and training services related to workplace safety and health. Therefore, the Kentucky OSH Program may or may not adopt federal standards or policies. Employers and employees may contact the Kentucky OSH Program at (502) 564-3070 to determine if the Kentucky OSH Program comports with federal standards or policies.

Agriculture Regulations

Pursuant to 803 KAR 2:600 - Occupational Safety and Health Standards for Agriculture, all employers, employees, and places of employment engaged in agricultural operations must comply with 29 CFR Part 1928, except employers excluded by KRS 338.021.

Kentucky has relinquished jurisdiction for the issues related to Field Sanitation (29 CFR 1928.110) and Temporary Labor Camps (29 CFR 1910.142) 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. In Kentucky, the Employment Standards Administration, U.S. Department of Labor, has assumed responsibility for enforcement of these OSHA standards.

Kentucky Regulations

*This unofficial posting contains only Kentucky specific standards and Kentucky specific amendments to OSHA standards.

The reader should refer to this posting to determine whether any state-specific language exists that supersedes OSHA requirements.

Federal Regulations

Construction Regulations

IMPORTANT ANNOUNCEMENT REGARDING THE FINAL RULE ON OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA IN CONSTRUCTION

Last year, Kentucky adopted in 803 KAR 2:425 the final rule on Occupational Exposure to Crystalline Silica in Construction, which was published in the Federal Register on March 25, 2016, and codified in 29 C.F.R. 1926.1153. According to its latest OSHA announcement, the United States Department of Labor, Occupational Safety and Health Administration (“OSHA”) has delayed enforcement of the final rule on Occupational Exposure to Crystalline Silica in Construction until September 23, 2017.

Though OSHA’s announcement did not by itself affect the effectiveness of the new silica standard in Kentucky, on June 26, 2017, an emergency regulation, 803 KAR 2:425E, was filed. It provides that the final rule on Occupational Exposure to Crystalline Silica in Construction shall not be in effect in Kentucky until OSHA begins enforcement of the new silica standard. Section 3 of the emergency regulation also provides that the construction industry shall continue to meet the silica standard that was in effect prior to the adoption of 29 C.F.R. 1926.1153 until enforcement of the new standard begins.

In accordance with KRS 13A.190, 803 KAR 2:425E became effective on its filing and shall remain in effect for 180 days plus the number of days, if any, extended under KRS 13A.280(2)(b) or until a permanent, identical amendment is adopted. The permanent amendment to 803 KAR 2:425 has been filed and is awaiting final adoption.

As a courtesy to the public, the text of 803 KAR 2:425E and the proposed permanent amendment is available below.

803 KAR 2:425E [PDF, 862KB]
Amendment to 803 KAR 2:425 [PDF,826KB]

Kentucky Regulations

*This unofficial posting contains only Kentucky specific standards and Kentucky specific amendments to OSHA standards.

The reader should refer to this posting to determine whether any state-specific language exists that supersedes OSHA requirements.

Federal Regulations

General Industry Regulations

Kentucky Regulations

*This unofficial posting contains only Kentucky specific standards and Kentucky specific amendments to OSHA standards.

The reader should refer to this posting to determine whether any state-specific language exists that supersedes OSHA requirements.

Federal Regulations

Maritime Regulations

Kentucky exercises jurisdiction over public sector maritime operations only. Private sector maritime operations are under federal jurisdiction.

Kentucky Regulations

*This unofficial posting contains only Kentucky specific standards and Kentucky specific amendments to OSHA standards.

The reader should refer to this posting to determine whether any state-specific language exists that supersedes OSHA requirements.

Federal Regulations

Injury and Illness Recordkeeping

Employers with ten (10) or more employees are required to keep injury and illness information on Form 300, Log of Work-Related Injuries and Illnesses. Employers that have an exempted North American Industry Classification System (NAICS) code identified at 29 CFR 1904, Subpart B, Appendix A do not need to keep the injury and illness records unless specifically asked in writing by the Labor Cabinet to do so. Information to help determine the correct NAICS code for a company or individual establishment may be found at census.gov.

Employers must review the Form 300 at the end of each calendar year to verify the entries are complete, accurate, and correct any deficiencies if necessary. Employers must create and certify an annual summary of injuries and illnesses and post the summary in a conspicuous place in the workplace February 1 through April 30. Employers are encouraged to use Form 300A, Summary of Work-Related Injuries and Illnesses.

Beginning January 1, 2016, several industry sectors are newly required to keep injury and illness records if the employer employed more than ten (10) employees at any time during the preceding calendar year.

View a listing of the specific industries [PDF, 29KB]

Injury and Illness Reporting

All employers, regardless of size are required to report workplace fatalities, amputations, in-patient hospitalizations, or the loss of an eye to the Division of Occupational Safety and Health Compliance. The Information Bulletin regarding the Reporting of Workplace Fatalities, Amputations, In-Patient Hospitalizations, or Loss of Eye [PDF, 127KB] provides compliance assistance information to help understand and comply with the reporting requirements found in 803 KAR 2:180. The At-a-Glance Flowchart [PDF, 194KB] provides the same information in a condensed format.

Kentucky Regulations

*This unofficial posting contains only Kentucky specific standards and Kentucky specific amendments to OSHA standards.

The reader should refer to this posting to determine whether any state-specific language exists that supersedes OSHA requirements.

Federal Regulations