Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.051
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
338.051(3) requires the
Kentucky Occupational Safety and Health Standards Board to promulgate
occupational safety and health administrative regulations and authorizes the
chairman to reference federal standards without board approval if necessary to
meet federal time requirements. This administrative regulation establishes
board procedures.
Section 1.
Definitions.
(1) "Board" is defined by
KRS
338.015(6).
(2) "Chairman" means chairperson of the
Kentucky Occupational Safety and Health Standards Board.
(3) "Chairperson Pro Tem" means the board
member elected by the members of the board to chair any board meeting in the
absence of the chairperson.
Section
2. The chairperson of the board shall administer the oath of
office, if necessary, when the board convenes.
Section 3. The board shall meet annually, or
when additional meetings are needed, at the call of the chairperson in a
location designated by the chairperson.
Section
4.
(1) Board decisions require a
majority vote.
(2) The chairperson
shall have the same rights and duties as all other members, including the right
to introduce, discuss, and vote on any matter before the
board.
Section 5.
(1) The board shall keep and preserve a
record of the proceedings of its meetings including the time, place, members
present, and votes.
(2) Committees
shall keep and preserve a similar record.
Section 6.
(1) The board shall hold a public hearing
prior to the adoption, promulgation, modification, or repeal of any standard or
administrative regulation.
(2)
Notice of the hearing stating the date, time, location, and a brief description
shall be posted on the Labor Cabinet website not less than ten (10) calendar
days before the hearing.
(3) Notice
shall not be required prior to the adoption of federal standards received by
the Labor Cabinet after general notice of the board meeting.
(4) Any interested person may petition, in
writing, the Secretary of the Labor Cabinet to promulgate, amend, or repeal a
standard. The petition shall articulate the terms, substance, effects, and
reason.
(5) Within a reasonable
time after the receipt of a submission pursuant to subsection 4 of this
section, the secretary shall notify the board and it may afford an opportunity
for a hearing.
Section 7.
(1) Hearings shall be conducted in accordance
with the following procedures, which may be suspended or modified when deemed
necessary.
(2) The members of the
board shall elect a chairperson pro tem whose duties shall be to chair any
meeting of the board in the absence of the chairperson.
(3) The chairperson pro tem shall be a member
of the board and shall not lose the right to vote while acting as
chairperson.
(4) The chairperson
pro tem shall be elected for a term of two (2) years or until a successor is
elected. If the chairperson pro tem ceases to be a member of the board prior to
the expiration of his or her term as chairperson pro tem, a new chairperson pro
tem shall be elected by the board at the next board meeting.
(5) Any interested person may appear at the
hearing to offer testimony or evidence if, at the opening of the hearing, or at
an earlier time as the chairperson directs, the person files with the
chairperson a notice of appearance which shall set forth the:
(a) Name and address of person
appearing;
(b) Name and address of
person represented, if any; and
(c)
Approximate length of time for presentation.
(6) Each person filing a notice of appearance
will be notified, if practicable, of the approximate day and the place at which
he or she may offer evidence at the hearing. If the person does not appear at
the time set in the notice, he or she will not be permitted to offer evidence
at any time except by special permission of the chairperson.
(7) At the discretion of the chairperson, the
hearing may be continued to a later date, or to a different place, by
chairperson announcement at the hearing.
Section 8.
(1) The chairperson may appoint standing and
special committees.
(2) A committee
shall meet at the call of its chairperson or the chairperson of the board at
the time and place designated by either
chairperson.
STATUTORY AUTHORITY:
KRS
338.051