803 Ky. Admin. Regs. 2:090

Current through Register Vol. 51, No. 3, September 1, 2024

Section 803 KAR 2:090 - Complaint inspections

RELATES TO: KRS 338.121

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 occupational safety and health complaint procedures.

Section 1. Definitions.

(1) "Commissioner" is defined by KRS 338.015(7).

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

Section 2.

(1) Inspections conducted pursuant to KRS 338.121 shall not be limited to matters referred to in the complaint.

(2) If a citation is issued for a violation or danger alleged in the complaint, a copy of the citation shall be sent to the complainant on or about the same time it is sent to the employer.

Section 3. Informal Review When No Citation Warranted.

(1) If the commissioner determines that a citation is not warranted with respect to a danger or violation alleged in the complaint, the complainant shall be informed in writing of the determination and of her or his right of review of the determination.

(2) The complaining party may obtain review by submitting a written statement of position to the commissioner.

(3) Upon request of the complaining party, the commissioner, at her or his discretion, may hold an informal conference in which the complaining party may present her or his views.

(4) After considering all views presented, the commissioner shall affirm, modify, or reverse her or his determination and furnish the complaining party a written notification of her or his decision and the reasons therefore.

(5) The decision of the commissioner shall be final and not subject to further review.

Section 4. Informal Review When Inspection Not warranted.

(1) If the commissioner determines that an inspection is not warranted, she or he shall notify the complaining party in writing of the determination.

(2) The complaining party may obtain review of the determination by submitting a written statement of position to the commissioner.

(3) Upon request of the complaining party, the commissioner, at her or his discretion, may hold an informal conference in which the complaining party may present her or his views.

(4) After considering all views presented, the commissioner shall affirm, modify, or reverse her or his determination and furnish the complaining party a written notification of her or his decision and the reasons therefore.

(5) The decision of the commissioner shall be final and not subject to further review.

(6) The determination shall be without prejudice to the filing of a new complaint pursuant to KRS 338.121.

803 KAR 2:090

OSH 107; 1 Ky.R. 160; eff. 12-11-1974; Am. 9 Ky.R. 43; eff. 8-11-1982; TAm eff. 8-9-2007; TAm eff. 9-8-2011; 47 Ky.R. 1471, 2371; eff. 8-3-2021.

STATUTORY AUTHORITY: KRS 338.051, 338.061