Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.141,
338.991
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 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 penalty
procedures followed by the Department of Workplace Standards.
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).
(5) "Review commission" is defined by
KRS
338.015(8).
(6) "Working days" means Monday through
Friday but does not include Saturday, Sunday, federal or state holidays, and
the day of receipt of notice.
Section
2. Proposed Penalties.
(1) After,
or concurrent with, the issuance of a citation, and within a reasonable time,
the commissioner shall notify, with delivery or receipt confirmation, the
employer of the proposed penalty or that no penalty is proposed.
(2) A notice of proposed penalty shall state
that the proposed penalty shall be deemed a final order of the review
commission and not be subject to review by any court or agency if an employer,
employee, or representative of the employer or employee fails to notify the
commissioner in writing within fifteen (15) working days from the receipt of
the proposed penalty that he or she intends to contest the proposed
penalty.
(3) The commissioner shall
determine the amount of any proposed penalty pursuant to
KRS 338.991, giving due
consideration to the appropriateness of the penalty with respect to the size of
the business of the employer being charged, the gravity of the violation, the
good faith of the employer, and the history of previous violations.
(4) Appropriate penalties may be proposed
with respect to an alleged violation even though after being informed of an
alleged violation by the compliance safety and health officer, the employer
immediately abates, or initiates steps to abate, an alleged
violation.
STATUTORY AUTHORITY:
KRS
338.051,
338.061
