803 KAR 2:401 - General Interpretations

RELATES TO: KRS Chapter 338.051, 338.061, 29 C.F.R. 1926.10-16

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 standards that are enforced by the Department of Workplace Standards in construction.

Section 1. Definitions.

(1) "Act" means KRS Chapter 338.

(2) "C.F.R." means Code of Federal Regulations.

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

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

(5) "Secretary of Labor" means Secretary, Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor Cabinet.

(6) "Standard" means "occupational safety and health standard" as defined by KRS 338.015(3).

Section 2. Except as established in Section 1 of this administrative regulation, the construction industry shall comply with the 29 C.F.R. 1926, Subpart B, General Interpretations, published by the Office of the Federal Register, National Archives and Records Services, General Services Administration.

Notes

803 KAR 2:401

16 Ky.R. 1098; eff. 12-15-1989; TAm eff. 8-9-2007; TAm eff. 9-8-2011; 47 Ky.R. 1634, 2380; eff. 8-3-2021.

STATUTORY AUTHORITY: KRS 338.051(3), 338.061