Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.991(9)
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.
KRS
338.061 authorizes the board to establish,
modify, or repeal standards and reference federal standards. This
administrative regulation establishes standards enforced by the Department of
Workplace Standards in construction and general industry.
Section 1. Definitions.
(1) "Commissioner" is defined by
KRS
338.015(7).
(2) "Compliance Safety and Health Officer"
means a person authorized by the commissioner to conduct occupational safety
and health inspections.
(3)
"Employee" is defined by
KRS
338.015(2).
(4) "Employer" is defined by
KRS
338.015(1).
Section 2. Advance Notice of
Inspection.
(1) Advance notice of inspections
shall not be given, except:
(a) In cases of
apparent imminent danger, to enable the employer to abate the danger as quickly
as possible;
(b) In circumstances
where the inspection can most effectively be conducted after regular business
hours or where special preparations are necessary;
(c) When necessary to assure the presence of
representatives of the employer or employees or the appropriate personnel
needed to aid in the inspection; or
(d) When the commissioner, or designee,
determines that advance notice would enhance the probability of an effective
and thorough inspection.
(2)
(a)
Advance notice may be given by the compliance safety and health officer without
commissioner, or designee, authorization if the commissioner, or designee, is
not immediately available.
(b) When
advance notice is given, it shall be employer's responsibility to promptly
notify the authorized representative of the employees of the inspection, if the
identity of the representative is known to the employer.
(c) Upon the request of the employer, the
compliance safety and health officer may inform the authorized representative
of employees of the inspection, provided the employer furnishes the compliance
safety and health officer the identity of the representative and with
information necessary to enable him or her promptly to inform the
representative.
Section
3. An employer who fails to comply with the requirements of this
administrative regulation may be subject to citation and penalty pursuant to
KRS 338.991.
Section 4. Except in apparent imminent danger
situations or other unusual circumstances, advance notice shall not be given
more than twenty-four (24) hours before the inspection is scheduled to be
conducted.
STATUTORY AUTHORITY:
KRS
338.051,
338.061
