H1N1 Bulletin

OSHA's Combustible Dust SHIB

Overview

The Kentucky  Safety and Health (OSH) Program, under the statutory authority of Kentucky Revised Statutes (KRS) Chapter 338 and through a state plan approved by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), exercises jurisdiction for enforcement, on-site consultation, standards promulgation, and training services related to workplace safety and health.  Enforcement activities and voluntary compliance services are extended to both the public and private sectors in Kentucky with the exception of employees of the federal government and employers under the authority of federal agencies other than OSHA, such as the Mine Safety and Health Administration or the Federal Railroad Administration.  OSHA retains jurisdiction in Kentucky for private sector maritime activities as well as for Tennessee Valley Authority employment, military bases, and other properties ceded to the U.S. government.

Since 1972, the mission of the Kentucky OSH Program has been to prevent any detriment to the safety and health of all public and private sector employees arising out of exposure to harmful conditions or practices at places of work. This is accomplished by the dual approach of firm, fair enforcement that may bear citations with monetary penalties for violations of OSH standards or regulations, coupled with the offer of cost-free voluntary compliance assistance through on-site consultative surveys, training courses, and technical assistance. This balanced, common sense approach has improved Kentucky's work environment and prevented countless work-related injuries and illnesses since the inception of the Kentucky OSH Program.

The primary components of the Kentucky OSH Program include:

• The Division of Occupational Safety and Health Compliance; 
• The Division of Occupational Safety and Health Education and Training; and
• Office of Federal-State Coordinator.

Additionally, the Kentucky OSH Standards Board and the OSH Review Commission are associated with the program.   

Kentucky OSH Program at a Glance

Established

• By Kentucky General Assembly in 1972
• Kentucky State Plan approved by OSHA in 1973

Enabling Legislation

• Kentucky Revised Statutes
  • Title XXVII - Labor and Human Rights
  • Chapter 338 - Occupational Safety and Health of Employees

Administrative Regulations

• Kentucky Administrative Regulations
  • Title 803, Chapter 2 - Occupational Safety and Health

Mission

• To prevent any detriment to the safety and health of all public and private sector employees arising out of exposure to harmful conditions or practices at places of work.

Jurisdiction

• All public and private employers and employees with the exception of those in private sector maritime activities, federal employees, employment at Tennessee Valley Authority facilities, military bases, and any properties ceded to the U.S. government. 

Organizational Units

• Division of Occupational Safety and Health Compliance
• Division of Occupational Safety and Health Education &Training
• Office of Federal-State Coordinator 

Associated Entities

• Occupational Safety and Health Standards Board
• Occupational Safety and Health Review Commission

Funding Sources

• Workers' Compensation Funding Commission
• U.S. Department of Labor, OSHA
• U.S. Department of Labor, Bureau of Labor Statistics

Address

• Kentucky Labor Cabinet
  Kentucky Occupational Safety and Health Program
  1047 US HWY 127 South, Suite 4
  Frankfort, KY 40601

Telephone

• (502) 564-3070

Division of OSH Compliance

The Division of OSH Compliance is responsible for the enforcement of Kentucky's OSH standards. Safety compliance officers and industrial hygienists inspect workplaces to assure there are no hazardous conditions which would threaten the health or safety of employees. If such conditions are found, compliance officers may recommend citations.  Inspections may be the result of ramdom scheduling, report of imminent danger, report of an accident or fatality, employee complaint, or referral.

Additional information concerning enforcement, complaints, and post inspection activities may be found on the Division of OSH Compliance homepage. 

Division of OSH Education and Training

The Division of Education and Training assists employers and employees by promoting voluntary compliance with the OSH standards. This cost-free assistance consists of education, technical training, consultation, publications, and information on injury/illness recordkeeping requirements. The Division of Education and Training is also responsible for overseeing the Partnership Programs as well as conducting the Annual Survey of Occupational Injuries and Illnesses, the Census of Fatal Occupational Injuries, and the OSHA Data Collection.

Additional information concerning consultation, training, technical assistance, awards, publications, and statistical services may be found on the Division of Education and Training's homepage.

Office of Federal-State Coordinator

This office is responsible for maintaining the Kentucky OSH State Plan, as well as handling day-to-day communications with other government agencies, both at the state and federal level, including the U.S. Department of Labor, OSHA, BLS, other state OSH programs.

The Office of the Federal-State Coordinator oversees the Office of Standards Interpretation and Development.  Safety and Health Standards Specialists from this office serve as support staff to the Kentucky OSH Program, the OSH Standards Board, promulgate OSH regulations, respond to OSH inquiries, and provide interpretations of OSH standards and regulations.

Kentucky OSH Standards Board

The Standards Board is a thirteen (13) member body chaired by the Secretary of Labor. The remaining twelve (12) members are appointed by the Governor to equally represent labor, the safety and health profession, management, and agriculture. Meeting at least once each year, the OSH Standards Board is empowered to adopt, amend, or revoking OSH regulations.  Notices of all meetings are advertised in newspapers throughout the state. All Board meetings are open to the public.

Kentucky OSH Review Commission

The  Review Commission, also created by KRS Chapter 338, is an independent, quasi-judicial body empowered to adjudicate contested OSH cases.  The Commission consists of three (3) members appointed by the Governor to represent the interests of employers, employees, and the occupational safety and health profession. Under an agreement with the Attorney General's Office, first-level contests are heard and ruled upon by hearing officers employed by the Attorney General.