803 Ky. Admin. Regs. 2:110

Current through Register Vol. 51, No. 5, November 1, 2024

Section 803 KAR 2:110 - [Effective 11/30/2028] Employer and employee representatives

RELATES TO: KRS 338.111

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 employer and employee representation during an inspection.

Section 1. Definitions.

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

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

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

Section 2. Representatives of Employers and Employees.

(1) The compliance safety and health officer shall be in charge of the inspection and questioning of persons.

(2) A representative of the employer and a representative authorized by her or his employees shall be given an opportunity to accompany the compliance safety and health officer.

(3) The compliance safety and health officer may permit additional employer representatives and additional representatives authorized by employees to accompany her or him if she or he determines it aids the inspection.

(4) A different employer and employee representative may accompany the compliance safety and health officer during each different phase of an inspection if it does not interfere with the conduct of the inspection.

(5) The compliance safety and health officer shall have authority to resolve all disputes as to who is the representative authorized by the employer and employees.

(6) If there is no authorized representative of employees, or if the compliance safety and health officer is unable to determine with reasonable certainty who is the representative, she or he shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

(7) The representative or representatives authorized by employees shall be an employee of the employer.

(8) If, in the judgment of the compliance safety and health officer, good cause is shown why accompaniment by a third party, such as a safety professional or industrial hygienist, who is not an employee of the employer is reasonably necessary to conduct an effective and thorough inspection, the third party may accompany the compliance safety and health officer during the inspection.

(9) A compliance safety and health officer may consult with employees concerning matters of occupational safety and health necessary for an effective and thorough inspection.

(10) During the course of an inspection, any employee shall be afforded an opportunity to bring any violation of KRS Chapter 338 that she or he has reason to believe exists in the workplace to the attention of the compliance safety and health officer.

(11) The compliance safety and health officer shall be authorized to deny accompaniment to any person whose conduct interferes with the inspection.

(12) Accompaniment in areas containing trade secrets shall be subject to KRS 338.171.

(13) Only persons authorized access to information classified by an agency of the United States Government may accompany a compliance safety and health officer in areas containing information.

803 KAR 2:110

OSH 109; 1 Ky.R. 161; eff. 12-11-1974; 47 Ky.R. 2663; 48 Ky.R. 804; eff. 11-30-2021; 51 Ky.R. 847; eff. 9/30/2024, exp. 11/30/2028 (Emergency).

STATUTORY AUTHORITY: KRS 338.051, 338.061