Kentucky Administrative Regulations
Title 803 - LABOR CABINET
Chapter 2 - Occupational Safety and Health
Section 803 KAR 2:407 - Materials handling, storage, use, and disposal

Current through Register Vol. 50, No. 9, March 1, 2024

RELATES TO: KRS Chapter 338, 29 C.F.R. 1926.250-1926.252

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 standards enforced by the Department of Workplace Standards in the construction industry.

Section 1. Definitions.

(1) "Act" means KRS Chapter 338.

(2) "Assistant secretary" means Secretary, Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor Cabinet.

(3) "C.F.R." means Code of Federal Regulations.

(4) "Employee" is defined by KRS 338.015(2).

(5) "Employer" is defined by KRS 338.015(1).

(6) "Established federal standard" is defined by KRS 338.015(10).

(7) "National consensus standard" is defined by KRS 338.015(9).

(8) "Secretary of Labor" means Secretary, Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor Cabinet.

(9) "Standard" means "occupational safety and health standard" as defined by KRS 338.015(3).

(10) "U.S. Department of Labor" means U.S. Department of Labor or Kentucky Labor Cabinet, 500 Mero Street, 3rd Floor Frankfort, Kentucky 40601.

Section 2. Except as modified by the definitions in Section 1 of this administrative regulation, the construction industry shall comply with the following federal regulations published by the Office of the Federal Register, National Archives and Records Administration:

(1) 29 C.F.R. 1926.250 through 29 C.F.R. 1926.252; and

(2) The amendment to 29 C.F.R. 1926.250 as published in the May 14, 2019 Federal Register, Volume 84, Number 93.

STATUTORY AUTHORITY: KRS 338.051, 338.061

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