Kentucky Safety and Health on the Job Poster Mandatory

 

 

Occupational Safety and Health
Kentucky Revised Statute (KRS) Chapter 338 establishes a program for protecting occupational safety and health. This mandatory poster details the
safety and health protections for public and private sector employees working in the Commonwealth and must be prominently displayed in the
workplace.
Employer Responsibilities: Employers shall furnish employment and places of employment which are free from recognized hazards that are causing,
or are likely to cause, death or serious physical harm to employees; and comply with the occupational safety and health regulations, standards, and rules
issued pursuant to KRS 338. Employers must provide information and training on hazards in the workplace including all hazardous substances.
Required training must be provided to all employees in a language they understand. It is illegal to retaliate against an employee for exercising any of
their rights under the law, including raising a safety and health concern or reporting a work-related injury or illness.
Employee Responsibilities: Employees shall comply with the occupational safety and health regulations, standards, and rules issued pursuant to KRS
338 which are applicable to their own actions and conduct.
Records: Employees may request from their employer copies of their medical records, tests that measure hazards in the workplace, as well as injury
and illness log.
Standards: Kentucky’s occupational safety and health standards are adopted by the Kentucky Occupational Safety and Health Standards Board. The
Board consists of 13 members, comprised of the Secretary of Education and Labor who serves as Chair, and 12 other members equally representing
agriculture, industry, labor, and the safety and health profession. The Board meets annually and additionally as needed. All meetings are open to the
public.
Inspections: The Division of Occupational Safety and Health Compliance conducts workplace inspections to determine the cause or prevent the
occurrence of occupational injuries and illnesses. During an inspection a representative of the employer and a representative authorized by the
employees are given an opportunity to accompany the Compliance Officer for the purpose of aiding the inspection. Where there is no authorized
employee representative, the Compliance Officer must consult with a reasonable number of employees regarding safety and health at the workplace.
Complaints: Employees or their authorized representative have the right to file a complaint with the Division of Occupational Safety and Health
Compliance requesting an inspection if they believe a hazardous condition(s) exists in their workplace. The name of the complainant is kept
confidential upon request.
Discrimination Protections: Employees are protected against discharge and other discriminatory actions for having filed complaints and exercising
any other right provided by the occupational safety and health laws. Employees who feel they have been so discriminated against may file a complaint
with the Education and Labor Cabinet within 120 days of the alleged discrimination. Private sector employees also have the option of filing
discrimination complaints with the U.S. Department of Labor at osha.gov within 30 days of the alleged discrimination. Complaint forms are available at
elc.ky.gov.
Citations: A citation(s) alleging violation of a Kentucky occupational safety and health law(s) or regulation(s) may be issued to an employer following
an inspection. The citation(s) is provided to the employer and specifies an abatement date by which the alleged violation must be corrected. To inform
employees, the employer must post each citation at or near the location of the alleged violation for 3 days or until the violation is corrected, whichever
is longer.
Proposed Penalties: An employer may be assessed penalties up to $7,000 for each serious violation and up to $7,000 for each other-than-serious
violation. Failure to correct a violation within the specified time period may result in penalties up to $7,000 per day. Any employer who commits a
willful or repeat violation(s) may be assessed a penalty up to $70,000 for each violation and not less than $5,000 for each willful violation.
Contesting Procedures: An employer who has been cited may contest the action before the Kentucky Occupational Safety and Health Review
Commission. Equally, any employee or employee representative of an employer who has been cited may also contest the action. Any party wishing to
contest a citation(s) must notify the Division of Occupational Safety and Health Compliance in writing of its intent to do so. Notices of contest must be
postmarked within 15 working days of receipt by the employer of the citation(s). Notices of contest will be transmitted to the Review Commission in
accordance with its rules.
Recordkeeping: Employers are required to maintain records of occupational fatalities, injuries, and illnesses experienced by their employees. Records
must be kept using OSHA 300, 300-A, and 301, or equivalent forms. Certain employers are required to submit injury and illness data electronically at
osha.gov/injuryreporting/ita. Unless requested to do so by the U.S. Bureau of Labor Statistics, employers with 10 or fewer employees, or whose
establishment(s) fall within an exempted North American Industry Classification System code are exempt from recordkeeping requirements.
Reporting: Employers must report to the Division of Occupational Safety and Health Compliance the work-related death of an employee, including
death resulting from a heart attack, within 8 hours from when the incident is reported to the employer, the employer’s agent, or another employee. Work
-related incidents resulting in the loss of an eye, an amputation, or the in-patient hospitalization of an employee, including hospitalization resulting from
a heart attack, must be reported within 72 hours from when the incident is reported to the employer, the employer’s agent, or another employee.
Mechanical power press point-of-operation injuries must be reported to the Division of Occupational Safety and Health Compliance within 30 days of
the occurrence. Employees have a right to report a safety and health concern or a work-related injury or illness without being retaliated against.
Education and Training Services: The Division of Occupational Safety and Health Education and Training assists employers who are interested in
preventing workplace injuries and illnesses by developing and improving their workplace safety management programs. All assistance, such as on-site
audits, consultation, and training, is provided cost-free upon request.
Kentucky provides occupational safety and health protections under a plan approved in 1973 by the U.S. Department of Labor. Question and concerns
regarding Kentucky’s program may be addressed to the Kentucky Education and Labor Cabinet, Office of Federal-State Coordinator. The U.S.
Department of Labor monitors Kentucky’s program. Any person who has a complaint regarding the administration of the Kentucky program may
contact the U.S. Department of Labor, OSHA, Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303; (678) 237-0400.

Kentucky Education and Labor Cabinet
Mayo-Underwood Building
500 Mero Street, 3rd Floor
Frankfort, KY 40601
(502) 564-3070
elc.ky.gov

No individual in the United States shall, on the grounds of race, color,
religion, sex, national origin, age, disability, political affiliation or
belief, be excluded from participation in, or denied the benefits of, or
be subjected to discrimination under any program or activity under the
jurisdiction of the Education and Labor Cabinet.   
updated May 2024