803 Ky. Admin. Regs. 2:120

Current through Register Vol. 51, No. 2, August 1, 2024

Section 803 KAR 2:120 - Citations

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 occupational safety and health citation procedures followed by the Department of Workplace Standards.

Section 1. Definitions.

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

(2) "Compliance safety and health officer" means a person authorized by the commissioner to conduct occupational safety and health inspections.

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

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

(5) "Occupational safety and health standard" is defined by KRS 338.015(3).

(6) "Review commission" is defined by KRS 338.015(8).

(7) "Working days" means Monday through Friday and does not include Saturday, Sunday, federal or state holidays, or the day of receipt of notice.

Section 2. Citations.

(1) If the commissioner has reason to believe that an employer violated a requirement of KRS Chapter 338, or any occupational safety and health standard, rule, or order promulgated pursuant KRS Chapter 338, the commissioner shall issue, with delivery or receipt confirmation, the employer a citation indicating the violation.

(2) An appropriate citation shall be issued even if after being informed of an alleged violation by the compliance safety and health officer, the employer immediately abates, or initiates steps to abate, the alleged violation.

(3) Each citation shall be issued with reasonable promptness.

Section 3. Content of Citation.

(1) Each citation shall describe with particularly the nature of the alleged violation, including a reference to the provision or provisions of KRS Chapter 338, standard, rule, administrative regulation, or order allegedly violated.

(2) Each citation shall establish a reasonable date by which the alleged violation shall be remedied.

(3) Each citation may propose a civil penalty.

Section 4. Citations Issued for Requested Inspections. If a citation is issued for a violation alleged in request for inspection pursuant KRS 338.121, a copy of the citation shall be sent, with delivery or receipt confirmation, to the employee or representative of employees who made the request or notification.

Section 5. Final Order Statement. Each citation shall state the citation shall be deemed a final order of the review commission and not be subject to review by any court or agency if an employer, employee, or representative of the employees fails to notify the commissioner within fifteen (15) working days from the receipt of the citation that he or she intends to contest the citation.

803 KAR 2:120

OSH 111; 1 Ky.R. 161; eff. 12-11-1974; Am. 3 Ky.R. 250; eff. 10-6-1976; TAm eff. 8-9-2007; TAm eff., 9-8-2011; 47 Ky.R. 1624, 2373; eff. 8-3-2021.

STATUTORY AUTHORITY: KRS 338.051, 338.061