Current through Register Vol. 50, No. 9, March 1, 2024
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 employer and employee representation
during an inspection.
Section 1.
Definitions.
(1) "Compliance safety and health
officer" means a person authorized by the commissioner to conduct occupational
safety and health inspections or investigations.
(2) "Employee" is defined by
KRS
338.015(2).
(3) "Employer" is defined by
KRS
338.015(1).
Section 2. Representatives of
Employers and Employees.
(1) The compliance
safety and health officer shall be in charge of the inspection and questioning
of persons.
(2) A representative of
the employer and a representative authorized by her or his employees shall be
given an opportunity to accompany the compliance safety and health
officer.
(3) The compliance safety
and health officer may permit additional employer representatives and
additional representatives authorized by employees to accompany her or him if
she or he determines it aids the inspection.
(4) A different employer and employee
representative may accompany the compliance safety and health officer during
each different phase of an inspection if it does not interfere with the conduct
of the inspection.
(5) The
compliance safety and health officer shall have authority to resolve all
disputes as to who is the representative authorized by the employer and
employees.
(6) If there is no
authorized representative of employees, or if the compliance safety and health
officer is unable to determine with reasonable certainty who is the
representative, she or he shall consult with a reasonable number of employees
concerning matters of safety and health in the workplace.
(7) The representative or representatives
authorized by employees shall be an employee of the employer.
(8) If, in the judgment of the compliance
safety and health officer, good cause is shown why accompaniment by a third
party, such as a safety professional or industrial hygienist, who is not an
employee of the employer is reasonably necessary to conduct an effective and
thorough inspection, the third party may accompany the compliance safety and
health officer during the inspection.
(9) A compliance safety and health officer
may consult with employees concerning matters of occupational safety and health
necessary for an effective and thorough inspection.
(10) During the course of an inspection, any
employee shall be afforded an opportunity to bring any violation of KRS Chapter
338 that she or he has reason to believe exists in the workplace to the
attention of the compliance safety and health officer.
(11) The compliance safety and health officer
shall be authorized to deny accompaniment to any person whose conduct
interferes with the inspection.
(12) Accompaniment in areas containing trade
secrets shall be subject to
KRS
338.171.
(13) Only persons authorized access to
information classified by an agency of the United States Government may
accompany a compliance safety and health officer in areas containing
information.