Kansas — Workplace Safety

Kansas does not operate an OSHA-approved state plan. Private sector employers and workers in Kansas fall under federal OSHA jurisdiction, which means workplace safety and health standards are enforced directly by the federal Occupational Safety and Health Administration. State and local government workers are not covered by federal OSHA. The Kansas Department of Labor's Industrial Safety and Health Division provides consultative services (non-enforcement) to private employers and handles public-sector workplace safety.

Source: OSHA State Plans

Under K.S.A. 44-636, the Kansas Secretary of Labor has authority to inspect "public works or state agency or institution" for workplace safety and health, alongside private workplaces. The Kansas Department of Labor's Industrial Safety and Health Division defines public entities to include cities, counties, school districts, and state agencies. These public employers are subject to safety and health evaluations conducted every 3 to 5 years. Public-sector employers must report all workplace fatalities to KDOL by phone at (785) 296-4386 or by email. Unlike public employers, private-sector employers and workers in Kansas fall under federal OSHA jurisdiction because Kansas does not operate an OSHA-approved state plan.

Source: K.S.A. 44-636; KDOL Public Sector Services

Private-sector employers in Kansas are governed by Federal OSHA’s injury and illness recordkeeping rules under 29 C.F.R. Part 1904, because Kansas does not operate an OSHA-approved State Plan and does not impose any separate state recordkeeping overlay.

Covered employers All Kansas private-sector employers covered by the OSH Act (any business affecting commerce with at least one employee) are subject to federal OSHA recordkeeping, unless they fall into a partial exemption below. (State and local government workplaces are not covered—see the state-specific section on public sector coverage.)

Size-based partial exemption — 10 or fewer employees Employers with 10 or fewer employees at all times during the previous calendar year are not required to keep OSHA Forms 300, 300A, or 301, unless OSHA or the Bureau of Labor Statistics asks them in writing to keep records for a survey. This count includes all employees across all worksites, not just per location. 29 C.F.R. § 1904.1.

Industry-based partial exemption — qualifying low-hazard NAICS codes A Kansas business establishment is also excused from keeping OSHA injury and illness records if it is classified in a low-hazard industry listed in Appendix A to Subpart B of Part 1904. The exemption is decided per establishment (location), not company-wide. Employers must check their NAICS code in Appendix A. If OSHA or BLS makes a written request, the employer must comply regardless of exemption. 29 C.F.R. § 1904.2; Appendix A to Subpart B

Universal serious-incident reporting Regardless of exemption, all employers must report to OSHA any work-related fatality within 8 hours, or any inpatient hospitalization, amputation, or loss of an eye within 24 hours (this requirement applies even to otherwise exempt employers). 29 C.F.R. § 1904.39

Establishment vs. company Partial exemptions for industry are determined establishment-by-establishment, while the size exemption counts all employees company-wide for the preceding calendar year. Employers with several workplaces can have some locations exempt while others are not.

No Kansas-specific recordkeeping overlay Kansas law does not add to or modify the federal recordkeeping obligations for private-sector employers.

Source: 29 C.F.R. Part 1904; OSHA State Plans

Which incidents must be reported Private-sector employers in Kansas fall under federal OSHA (Occupational Safety and Health Administration) jurisdiction for workplace safety. Under 29 C.F.R. § 1904.39, ALL private-sector employers must report the following serious workplace incidents to OSHA, even if they are otherwise exempt from recordkeeping:

• Work-related fatalities — must be reported within 8 hours of learning of the death. Fatalities are reportable if they occur within 30 days of a work-related incident.
• In-patient hospitalizations, amputations, or loss of an eye — any one of these work-related injuries must be reported within 24 hours of the employer learning of the event. These are reportable if the event occurs within 24 hours of the work-related incident.

How and where to report OSHA allows three methods to report severe incidents:

• Telephone or in person to the nearest OSHA Area Office (during business hours)
• Toll-free to the OSHA 24-hour hotline: 1-800-321-6742
• Online via the OSHA Serious Event Reporting portal (https://www.osha.gov/report)

Key definitions and exceptions

• "In-patient hospitalization" means a formal admission to the hospital or clinic for care or treatment (not just emergency room observation or diagnostic testing).
• Employers do NOT need to report incidents that occur on public roads (outside a construction work zone), on commercial or public transportation, or where the injury/illness clearly does not relate to work.

No Kansas state overlay Kansas does not operate an OSHA state plan and imposes no additional, separate reporting requirement for private-sector workplace injuries or fatalities. State and local government employers are subject to a different regime (see public-sector section of this guide).

Source: 29 C.F.R. § 1904.39; OSHA Severe Event Reporting

Kansas public-sector employers (including state agencies, counties, municipalities, and school districts) are not required under federal or state law to keep OSHA-style injury and illness logs (such as OSHA Forms 300, 301, or 300A).

No OSHA State Plan coverage Kansas does not have an OSHA-approved State Plan. Federal OSHA’s recordkeeping regulations under 29 C.F.R. Part 1904 do not apply to public-sector employers—federal OSHA jurisdiction in Kansas only extends to private-sector workplaces. Public employers, by definition, fall outside this scope.

State law is silent A review of Kansas statutes, including K.S.A. 44-636 (which gives the Secretary of Labor inspection authority over public works and state agencies for safety purposes), confirms that Kansas law requires public employers to report workplace fatalities but does not impose a recordkeeping duty for nonfatal injuries or illnesses. The Kansas Department of Labor's Industrial Safety and Health Division (ISH) provides consultations and conducts periodic safety evaluations, but there is no published requirement for maintaining ongoing injury and illness logs.

Bottom line Public-sector employers in Kansas are required to report workplace fatalities to the Kansas Department of Labor, but not to keep ongoing injury and illness recordkeeping logs like OSHA Forms 300, 301, or 300A.

Source: K.S.A. 44-636; OSHA State Plans

Kansas public-sector employers—state agencies, counties, municipalities, school districts, and similar entities—are not subject to a state-specific set of workplace safety standards that exceed or conflict with federal OSHA regulations. K.S.A. 44-636 authorizes the Kansas Department of Labor (KDOL) to inspect public sector worksites and require abatement of unsafe conditions, but neither the statute nor KDOL's published Industrial Safety & Health Division guidance describes any official Kansas safety standard that surpasses those of OSHA. The KDOL site states that OSHA rules are used as the baseline for evaluating public sector employers, with no documented Kansas-specific requirements as of this writing.

If KDOL determines that a public employer's worksite is hazardous, the Secretary of Labor may issue an abatement order under K.S.A. 44-636. The statute grants the Secretary discretion to require reasonable corrective measures to prevent workplace injuries, but there are no published instances or official guidance showing that KDOL has mandated safety actions beyond minimum OSHA standards or in conflict with them. Unable to confirm as of 2026-07-03.

Public-sector employers who receive an abatement order from KDOL have a right to request a hearing within 15 days. The proceedings are governed by the Kansas Administrative Procedure Act (KAPA), which provides for administrative review and appeal according to its terms.

Source: K.S.A. 44-636; Kansas Department of Labor — Industrial Safety & Health Division

Private-sector employees under federal OSHA Because Kansas does not operate its own OSHA-approved state plan, private-sector workplace safety complaints are handled by federal OSHA. Any private-sector employee (or their representative) may file a complaint with OSHA if they believe a workplace safety or health hazard exists or if OSHA standards are being violated. Complaints can be filed confidentially by phone, mail, fax, or online, and OSHA must keep the complainant’s identity confidential if requested. Written and signed complaints with detailed allegations are more likely to result in an on-site inspection. OSHA communicates results to the filer, including any actions taken. Source: OSHA File a Complaint

Under Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. § 660(c), private-sector employees are protected against retaliation for reporting safety concerns, participating in safety and health investigations, or exercising other OSHA rights. If an employer retaliates (through discharge or discrimination), the employee may file a complaint with OSHA within 30 days, as specified in 29 U.S.C. § 660(c). The DOL may seek reinstatement and back pay if retaliation is found. Source: OSH Act § 11(c)

Public-sector employees under Kansas law Public-sector workers—including those at state, county, and municipal agencies and public schools—are not covered by OSHA. Instead, complaints must be submitted to the Kansas Department of Labor Industrial Safety and Health (ISH) Division, typically using the "Employee Notice of Alleged Safety or Health Hazard" form (K-ISH 603) by email. Complaints may be filed anonymously.

Public-sector anti-retaliation protections are found in K.S.A. 44-636, which prohibits discharge or discrimination against any employee who files a safety complaint. The ISH Division investigates such complaints and can require abatement of hazards. Hazards identified by the Division must be remedied within 60 days under K.S.A. 44-636, unless a longer abatement period is set by the Division for good cause. Source: Kansas Department of Labor — Public Sector Services; Employee Notice of Alleged Safety or Health Hazard, K-ISH 603

Summary

• Private-sector: File with OSHA; retaliation protections under 29 U.S.C. § 660(c) (Section 11(c) of the OSH Act).
• Public-sector: File with KDOL ISH Division; retaliation protections under K.S.A. 44-636.