Weekly HR News - Kentucky Occupational Safety and Health Program (OSH)

Weekly HR News - Kentucky Occupational Safety and Health Program (OSH)

City governments are not covered by the federal Occupational Safety and Health Administration Act (OSHA); however, they must abide by the Kentucky Occupational Safety and Health program (OSH) as set out in KRS Chapter 338 and 803 KAR 2.  The law states that cities as employers are responsible for providing a safe and healthful workplace by following state standards, and by providing training and education. Cities must comply with all applicable OSH standards including the obligation to furnish each employee with a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

Some common OSH regulations that apply to most cities include:

OSH also has very strict reporting requirements for cities with 10 or more employees that can be found in 803 KAR 2:180. Under the Kentucky OSH Recordkeeping regulation, cities must prepare and maintain records of serious occupational injuries and illnesses, using the OSHA 300A Log. This information is important for the employer, employees and the Labor Cabinet in evaluating the safety of a workplace, understanding industry hazards, and implementing worker protections to reduce and eliminate hazards.

In addition, the regulations require that cities orally notify the Labor Cabinet (502-564-3070) within eight hours regarding any work-related incident which results in the following:

      (a) The death of any employee; or

      (b) The hospitalization of three or more employees.

If the city cannot reach someone in the Frankfort office, the city must report the incident using the OSHA toll-free, central telephone number, 1-800-321-OSHA.

Cities are also required to orally report to the Kentucky Labor Cabinet, within 72 hours, any work-related incident which results in the following:

      (a) An amputation suffered by an employee; or

      (b) The hospitalization of fewer than three employees within 72 hours following the incident.

For more information on Kentucky OSH itself, including laws, free training, the mandatory poster and reporting requirements, go to http://www.labor.ky.gov/dows/oshp/oshr/Pages/OSH-Regulations.aspx.   

For sample policies, training or more information on this or any other personnel related matters contact Andrea Shindlebower. 

Do you have an employment law or HR topic that you would like addressed in this article?  If so send an email to ashindlebower@klc.org