803 Ky. Admin. Regs. 2:140
Current through Register Vol. 51, No. 2, August 1, 2024
Section 803 KAR 2:140 - Contest of citationRELATES 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.OSH 114-1; 1 Ky.R. 162; eff. 12-11-1974; TAm eff. 8-9-2007; TAm eff.9-8-2011; 47 Ky.R. 2674; 48 Ky.R. 809; eff. 11-30-2021.STATUTORY AUTHORITY: KRS 338.051, 338.061