Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.101
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 to be followed in conducting
informal conferences requested by the employer, employee, or representative of
employees.
Section 1. Definitions.
(1) Commissioner is defined by
KRS
338.015.
(2) "Employee" is defined by
KRS
338.015(2).
(3) "Employer" is defined by
KRS
338.015(1).
(4) "Working day" means Monday through Friday
and does not include Saturday, Sunday, federal, or state holidays, and the day
of receipt of notice.
Section
2. Informal Conference.
(1) At
the request of an affected employer, employee, or representative of employees,
the commissioner or designee may hold an informal conference for the purpose of
discussing issues raised by an inspection, investigation, citation, notice of
proposed penalty, or notice to contest.
(2) If the informal conference is requested
by the employer, an affected employee or employee representative shall be
afforded an opportunity to participate, at the discretion of the commissioner
or designee.
(3) If the informal
conference is requested by an employee or representative of employees, the
employer shall be afforded an opportunity to participate, at the discretion of
the commissioner or designee.
(4)
Any party may be represented by counsel.
(5) An informal conference or request for an
informal conference shall not serve as a stay or extension of the fifteen (15)
working day period to file a notice of contest pursuant to
803 KAR
2:140.
STATUTORY AUTHORITY:
KRS
338.051,
338.061
