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Complaints concerning retaliation or discrimination that stem from an employee raising an oral or written occupational safety and health concern made in good faith to an employer must be filed with federal OSHA within thirty (30) days of the adverse action.  Complaints with OSHA may be filed at:  

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KRS Chapter 338.121 (Relating to prohibition of discrimination against employees) provides as follows:                                                                    
(3) (a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter; and
(b) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may, within a reasonable time after such violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as deemed appropriate. If upon such investigation, the commissioner determines that the provisions of this subsection have been violated, he shall issue a citation to the employer which may be challenged or contested in accordance with the provisions of this chapter and the review commission may order all appropriate relief including rehiring and reinstatement of the employee to his former position with back pay. Upon an initial determination by the commissioner that an employee has been discharged by an employer in violation of subsection (3)(a) of this section, the secretary may order reinstatement of the employee pending a final determination and order of the review commission.
                Effective: July 14, 1992
                History: Amended 1992 Ky. Acts ch. 134, sec. 1

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Mary C. Toohey
Discrimination Investigator

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Who to Contact

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Contact Info

Division of Compliance
1047 U.S. Highway 127 South, Suite 4
Frankfort KY  40601
Phone: (502) 564-3535
Fax: (502) 564-5723

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Content Type: Article Page
Version: 18.0
Created at 2/3/2011 9:27 AM by System Account
Last modified at 3/19/2015 4:21 PM by System Account