Summary of Original Version

Amend KRS 338.015 to define "qualified representative"; amend KRS 338.062 to prohibit the Kentucky Occupational Safety and Health Standards Board or the secretary of the Education Labor Cabinet from enforcing any occupational safety and health administrative regulation that has not been promulgated by or that is more stringent than the corresponding federal provision; amend KRS 338.091 to allow the Franklin Circuit Court to award actual expenses against the Department of Workplace Standards; amend KRS 338.111 to allow an employee's representative be present during an inspection; to allow the commissioner's representative to consult with employees if there is no employee representative available; amend KRS 338.121 to allow only current employees or qualified representatives of current employees to request an inspection; require that the alleged violation date be included in the notice and the employee's representative be notified; create time limits for filing a complaint and issuing a citation; amend KRS 338.141 to require that each citation include reference to the provision of the rule or regulation violated; require a citation or notice for any de minimus violation be issued promptly after inspection; prohibit issuance of a citation more than six months after the violation; require the correction time period be tolled until conclusion of the action.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except prohibit the secretary's designee, the commissioner, and the commissioner's authorized representative from enforcing any occupational safety and health administrative regulation that has not been promulgated or that is more stringent than the corresponding federal provision; prohibit a notice of a de minimis violation from being filed more than six months after the alleged violation; define "de minimis violation"; amend KRS 338.141 to prohibit a citation from being classified as a repeated violation when issued more than three consecutive years from the final order date of the previous citation; amend KRS 338.991 to prohibit any employer who receives a notice of de minimis violation from being assessed a civil penalty.

Summary of Amendment: House Floor Amendment 1 -- W. Thomas

Summary Retain original provisions, except correct a reference to the qualified representative authorized by the employee.

Summary of Amendment: House Floor Amendment 2 -- J. Blanton

Summary Retain original provisions, except delete definition of "qualified representative" from KRS 338.015; make conforming changes to remove "qualified representative" references; make technical changes.

Summary of Amendment: House Floor Amendment 3 -- A. Gentry

Summary Retain original provisions, except delete the section amending KRS 338.062.

Summary of Amendment: House Floor Amendment 4 -- A. Gentry

Summary Delete enacting clause.

Summary of Amendment: House Floor Amendment 5 -- A. Gentry

Summary Delete enacting clause.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions, except remove amendments to KRS 338.015; remove all references to "qualified representative"; amend KRS 338.091 to require the Department of Workplace Standards to promulgate regulations that comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412.

Statutes affected:
Introduced: 338.015, 338.062, 338.091, 338.111, 338.121, 338.141
House Committee Substitute 1: 338.015, 338.062, 338.091, 338.111, 338.121, 338.141, 338.991
Senate Committee Substitute 1: 338.062, 338.091, 338.111, 338.121, 338.141, 338.991
Current: 338.015, 338.062, 338.091, 338.111, 338.121, 338.141, 338.991
Acts Chapter 105: 338.062, 338.091, 338.111, 338.121, 338.141, 338.991