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 procedures for the posting of citations
by the employer.
Section 1.
Definitions.
(1) "Employee" is defined by
KRS
338.015(2).
(2) "Employer" is defined by
KRS
338.015(1).
(3) "Review commission" is defined by
KRS
338.015(8).
(4) "Working days" means Monday through
Friday and does not include Saturday, Sunday, federal, or state holidays, and
the day of receipt of notice.
Section
2. Posting.
(1) Upon receipt of
any citation, the employer shall immediately post the unedited citation, or a
copy of the unedited citation, at or near each place the alleged violation
occurred, except as established in subsections (1) through (6) of this
section.
(2) If, because of the
nature of the employer's operations, it is not practicable to post the unedited
citation, or a copy of the unedited citation, at or near each place of alleged
violation, the unedited citation, or a copy of the unedited citation, shall be
posted in a prominent place where it is readily observable by all affected
employees such as a location where employees report each day.
(3) The unedited citation, or a copy of the
unedited citation, may be posted at the location employees carry out their
activities if the employees do not primarily work at, or report to, a single
location.
(4) The employer shall
ensure the unedited citation or copy of the unedited citation shall not be
altered, defaced, or obscured.
(5)
(a) Each unedited citation, or copy of the
unedited citation, shall remain posted until the violation is abated, or for
three (3) working days, whichever is later.
(b) The filing by the employer of a notice to
contest shall not affect the posting responsibility unless the review
commission issues a final order vacating the citation.
(6)
(a) An
employer that receives a citation shall post a notice indicating the citation
is contested in the same location where the unedited citation, or copy of the
unedited citation, is posted.
(b)
The notice may explain the reason for the contest.
(c) The employer may indicate specific steps
taken to abate the violation.
