Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.051, 29 C.F.R. Part 1903
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 if necessary to meet federal time
requirements.
KRS
338.061 authorizes the board to establish,
modify, or repeal standards and reference federal standards. This
administrative regulation establishes employers' responsibility to post notices
provided by the Labor Cabinet and availability of safety and health
administrative regulations.
Section 1.
Definitions.
(1) "Employee" is defined by
KRS
338.015(2).
(2) "Employer" is defined by
KRS
338.015(1).
(3) "Establishment" means a single physical
location where business is conducted or where services or industrial operations
are performed such as a factory, mill, store, hotel, restaurant, movie theater,
farm, ranch, bank, sales office, warehouse, or central administrative office.
(1) Each employer shall post and keep posted a notice or notices created by the
Labor Cabinet informing employees of the protections and obligations
established in KRS Chapter 338 including information that employees may contact
the employer or the Labor Cabinet for occupational safety and health assistance
and information.
(4) The notice
created by the Labor Cabinet shall be available on the Labor Cabinet Web site
at Labor.ky.gov.
(5) The notice or
notices shall be posted by the employer in each establishment in a conspicuous
place or places where notices to employees are customarily posted.
(6) If distinctly separate activities are
performed at a single physical location, such as construction activities at the
same physical location, each activity shall be treated as a separate physical
establishment and a separate notice or notices shall be posted in each
establishment.
(7) If employers are
engaged in activities that are physically dispersed, such as agriculture,
construction, gas and sanitary services, transportation, communications, and
electric services, the notice or notices shall be posted at the location to
which employees report each day.
(8) If employees do not usually work at, or
report to, a single establishment, such as traveling salesmen, technicians, and
engineers, the notice or notices shall be posted at the location where
employees operate to carry out their activities.
(9) In all cases, notice or notices shall be
posted in accordance with the requirements of this administrative
regulation.
(10) Each employer
shall take steps to ensure the notice or notices are not altered, defaced, or
obscured.
Section 2.
Availability of Administrative Regulations.
(1) All applicable occupational safety and
health administrative regulations shall be available on the Labor Cabinet Web
site at La-bor.ky.gov.
(2) If an
employer has copies of these materials, the employer shall make the copies
available upon request to any employee or authorized employee representative
for review in the establishment where the employee is employed on the same day
the request is made or at the earliest time mutually convenient to the employee
or authorized employee representative and the employer.
