Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 338.015(1),
(2),
338.121(3),
338.161,
29 C.F.R. Part 1904
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
338.161(1) requires the
Department of Workplace Standards to promulgate administrative regulations for
the collection, compilation, and analysis of occupational safety and health
statistics. 29 C.F.R. Part 1904 authorizes requirements for the recording and
reporting of occupational illnesses and injuries. This administrative
regulation establishes recordkeeping and reporting requirements for employers
pursuant to KRS Chapter 338.
Section 1.
Definitions.
(1) "Amputation" means an injury
in which a portion of the body including bone tissue is removed.
(2) "C.F.R." means Code of Federal
Regulations.
(3) "Employee" is
defined by
KRS
338.015(2).
(4) "Employer" is defined by
KRS
338.015(1).
(5) "Hospitalization" means formal admission
to a hospital or clinic for care or treatment.
(6) "Loss of eye" means the physical removal
of an eye from the socket.
(7)
"Occupational Safety and Health Act" or "OSHA" means KRS Chapter 338.
(8) "Secretary of Labor" means the Secretary
of the United States Department of Labor or the Secretary of the Labor
Cabinet.
(9) "Section 11(c) of the
Act" means
KRS
338.121(3).
(10) "Work-related" means "work-related" or
"work-relatedness" as established in 29 C.F.R. 1904.
Section 2. Except as modified by the
definitions in Section 1 and the requirements in Sections 3 and 4 of this
administrative regulation, an employer shall comply with 29 C.F.R. Part 1904 ,
Recording and Reporting Occupational Injuries and Illnesses, published by the
Office of the Federal Register, National Archives and Records
Administration.
Section 3.
Reporting Fatalities, Amputations, Hospitalizations, or Loss of Eye.
(1) The reporting requirements established in
this section shall apply in lieu of
29
C.F.R. 1904.39.
(2) An employer shall orally report to the
Kentucky Labor Cabinet, Department of Workplace Standards, Division of
Occupational Safety and Health Compliance, at (502) 564-3070, the death of an
employee as a result of a work-related incident, including death resulting from
a heart attack.
(3) The report
required pursuant to subsection (2) of this section shall be made within eight
(8) hours from when the death is reported to the employer, the employer's
agent, or another employee.
(4) An
employer shall orally report to the Kentucky Labor Cabinet, Department of
Workplace Standards, Division of Occupational Safety and Health Compliance, at
(502) 564-3070, any of the following that occurs as a result of a work-related
incident:
(a) Amputation suffered by an
employee;
(b) Employee's loss of an
eye; or
(c) Hospitalization of an
employee, including hospitalization resulting from a heart attack.
(5) The report required pursuant
to subsection (4) of this section shall be made within seventy-two (72) hours
from when the amputation, loss of an eye, or hospitalization is reported to the
employer, the employer's agent, or another employee.
Section 4. If the employer cannot speak with
someone in the Frankfort office, the employer shall make the report required
pursuant to Section 3 of this administrative regulation to the OSHA toll-free,
central telephone number, 1-800-321-OSHA (1-800-321-6742).
STATUTORY AUTHORITY:
KRS
338.061,
338.161
