Kentucky Administrative Regulations
Title 803 - LABOR CABINET
Chapter 2 - Occupational Safety and Health
Section 803 KAR 2:062 - Employer responsibility for an employee exposed to toxic substances or harmful physical agents
Universal Citation: 803 KY Admin Regs Service 2:062
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 338
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 employer responsibility for an employee exposed to toxic substances or harmful physical agents.
Section 1. Definitions.
(1) "Board" is defined by
KRS
338.015(6).
(2) "Employee" is defined by
KRS
338.015(2).
(3) "Employer" is defined by
KRS
338.015(1).
(4) "Occupational safety and health standard"
is defined by
KRS
338.015(3).
Section 2. General Requirements.
(1) Employers shall monitor areas where
employees are exposed to potentially toxic substances or harmful physical
agents that are required to be monitored or measured pursuant to standards
adopted by the board pursuant to KRS Chapter 338.
(2) Employers shall provide employees or
their representatives an opportunity to observe monitoring or
measuring.
(3)
(a) Each employer shall promptly notify every
employee who was or is exposed to toxic materials or harmful physical agents in
concentrations or levels that exceed those established by applicable standards
adopted by the board pursuant to KRS Chapter 338.
(b) If it is required that exposure to
certain toxic substances or agents is limited or prohibited, each employer
shall:
(4) Notify
employees who are subject to exposure;
(5) Inform employees of the corrective action
required, if any; and
(6) Notify
employees when action will be, or was, taken.
(7)
(a) Each
employer shall make and maintain records of all monitoring activity required by
this administrative regulation and make appropriate provisions whereby each
employee, former employee, or a representative of either, has access to records
that indicate the levels the employee or former employee was exposed.
(b) Each employee, former employee, or
representative of either, shall be allowed to copy records pertaining to her or
his exposure levels or the exposure levels of the employee or former employee
she or he is representing.
STATUTORY AUTHORITY: KRS 338.051, 338.061
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