Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.131
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 imminent
danger procedures 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. Imminent Danger.
(1) When a compliance safety and health
officer concludes on the basis of an inspection that conditions or practices
exist that could reasonably be expected to cause death or serious physical harm
immediately or before the imminence of the danger can be eliminated through the
enforcement procedures otherwise provided by KRS Chapter 338, the compliance
safety and health officer shall inform the affected employee and employer of
the danger.
(2) The compliance
safety and health officer shall notify the affected employee and employer that
if the imminent danger is not immediately abated, the compliance safety and
health officer is recommending a civil action to restrain the conditions or
practices and for other appropriate relief pursuant to
KRS
338.133.
(3) A citation may be issued even though,
after being informed of the danger by the compliance safety and health officer,
the employer immediately eliminates the imminence of the danger and initiates
steps to abate the danger.
STATUTORY AUTHORITY:
KRS
338.051,
338.061
