Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.121
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 occupational safety and health complaint
procedures.
Section 1. Definitions.
(1) "Commissioner" is defined by
KRS
338.015(7).
(2) "Employer" is defined by
KRS
338.015(1).
Section 2.
(1) Inspections conducted pursuant to
KRS
338.121 shall not be limited to matters
referred to in the complaint.
(2)
If a citation is issued for a violation or danger alleged in the complaint, a
copy of the citation shall be sent to the complainant on or about the same time
it is sent to the employer.
Section
3. Informal Review When No Citation Warranted.
(1) If the commissioner determines that a
citation is not warranted with respect to a danger or violation alleged in the
complaint, the complainant shall be informed in writing of the determination
and of her or his right of review of the determination.
(2) The complaining party may obtain review
by submitting a written statement of position to the commissioner.
(3) Upon request of the complaining party,
the commissioner, at her or his discretion, may hold an informal conference in
which the complaining party may present her or his views.
(4) After considering all views presented,
the commissioner shall affirm, modify, or reverse her or his determination and
furnish the complaining party a written notification of her or his decision and
the reasons therefore.
(5) The
decision of the commissioner shall be final and not subject to further
review.
Section 4.
Informal Review When Inspection Not warranted.
(1) If the commissioner determines that an
inspection is not warranted, she or he shall notify the complaining party in
writing of the determination.
(2)
The complaining party may obtain review of the determination by submitting a
written statement of position to the commissioner.
(3) Upon request of the complaining party,
the commissioner, at her or his discretion, may hold an informal conference in
which the complaining party may present her or his views.
(4) After considering all views presented,
the commissioner shall affirm, modify, or reverse her or his determination and
furnish the complaining party a written notification of her or his decision and
the reasons therefore.
(5) The
decision of the commissioner shall be final and not subject to further
review.
(6) The determination shall
be without prejudice to the filing of a new complaint pursuant to
KRS
338.121.
STATUTORY AUTHORITY:
KRS
338.051,
338.061
