Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 338
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 contesting a
citation or penalty issued by the Commissioner of the Department of Workplace
Standards.
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) "Review commission" is defined by KRS
339.015(8).
(5) "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. Procedure.
(1)
(a) An
employer that receives a citation may notify the commissioner in writing that
she or he contests the citation, proposed penalty, or both.
(b) The notice of contest shall be
transmitted by the employer within fifteen (15) working days of receipt of
citation.
(c) The notice of contest
shall specify whether it is directed to the citation, proposed penalty, or
both.
(d) The commissioner shall
immediately transmit the notice to the review commission in accordance with the
rules of procedure prescribed by the commission in accordance with
KRS
338.071.
(2) Any employee or representative of
employees of an employer that receives a citation may notify the commissioner
in writing that she or he contest the:
(a)
Time established in the citation for the abatement of the violation;
or
(b) Citation, or proposed
penalty, or both.
(3)
(a) The notice shall be postmarked within
fifteen (15) working days of the receipt by the employer of the notice of the
citation.
(b) The commissioner
shall immediately transmit the notice to the review commission in accordance
with the rules of procedure prescribed by the commission in accordance with
KRS
338.071.
STATUTORY AUTHORITY:
KRS
338.051,
338.061
