Kentucky — Workplace Safety

Kentucky operates an OSHA-approved state plan under Kentucky Revised Statutes Chapter 338, administered by the Kentucky Occupational Safety and Health Program (Kentucky OSH) within the Education and Labor Cabinet. The state plan covers private-sector workplaces and all state and local government employees. Federal OSHA retains jurisdiction over maritime employment (shipyards, marine terminals, longshoring), Tennessee Valley Authority facilities, military bases, other federal-ceded properties, and contract workers in USPS mail operations. KRS 338.021 specifies additional exclusions from state coverage.

Source: KRS Chapter 338; Kentucky State Plan (OSHA)

Kentucky Revised Statutes authorize the Kentucky Occupational Safety and Health Standards Board to adopt, modify, or repeal occupational safety and health standards under KRS 338.051 and 338.061. As an OSHA-approved state plan, Kentucky's standards must be "at least as effective as" the federal OSHA program under Section 18 of the Occupational Safety and Health Act of 1970. Historically, Kentucky OSH adopted federal OSHA standards (codified in 29 C.F.R. Parts 1910, 1926, and related parts) with some state-specific additions and more stringent provisions.

Effective June 27, 2025, House Bill 398 significantly amended KRS 338.062 to prohibit Kentucky from adopting, promulgating, or enforcing any occupational safety and health regulation that federal OSHA or the U.S. Department of Labor has not promulgated, or that is more stringent than the corresponding federal provision. The amended statute provides: "The Kentucky Occupational Safety and Health Standards board, the secretary, the secretary's designee, the commissioner, and the commissioner's authorized representative shall not adopt, promulgate, or enforce any occupational safety and health administrative regulation that the Occupational Safety and Health Administration or the United States Department of Labor has not promulgated, or that is more stringent than the corresponding federal provision enforced by the United States Department of Labor under the Occupational Safety and Health Act of 1970."

This legislative change substantively aligned Kentucky's state plan with federal OSHA standards, eliminating Kentucky-specific standards that had been more protective than federal requirements. For example, before HB 398, Kentucky required fall protection at 10 feet for steelworkers in construction, whereas federal OSHA requires fall protection at 15 feet under 29 C.F.R. § 1926.501(b)(1); Kentucky's more stringent threshold was repealed as a result of the statute.

The statute contains a carve-out for public-sector employees: "Whereas the Occupational Safety and Health Act of 1970 does not apply to public employees, the cabinet shall retain the authority to promulgate and enforce" standards for state and local government workers. Federal OSHA does not cover state and local government employees, so Kentucky OSH retains authority over this segment of the workforce and may adopt standards specific to public-sector workplaces.

Following HB 398's enactment, the Kentucky Occupational Safety and Health Standards Board convened on June 26, 2025, and adopted emergency amendments to Kentucky Administrative Regulations (803 KAR Chapter 2) to conform with the new statutory restriction. These emergency amendments removed Kentucky-specific definitions and requirements in regulations governing recordkeeping (803 KAR 2:181), medical services and first aid (803 KAR 2:310), and other areas, bringing Kentucky into direct alignment with the corresponding federal standards in 29 C.F.R. Parts 1904, 1910, and 1926.

Kentucky OSH standards now consist of three categories: (1) state-specific standards unique to Kentucky (limited to those permissible under the amended KRS 338.062, primarily for public employees); (2) federal OSHA standards incorporated by reference with Kentucky-specific administrative provisions (e.g., substituting "commissioner" for "assistant secretary"); and (3) federal OSHA standards incorporated by reference without change. Practitioners should consult both the Kentucky Administrative Regulations at 803 KAR Chapter 2 and the parallel federal OSHA standards in 29 C.F.R. Parts 1910 (general industry), 1926 (construction), and 1904 (recordkeeping). The Kentucky Education and Labor Cabinet publishes an unofficial compilation of Kentucky-specific standards to assist employers in identifying areas where state language differs administratively from federal OSHA.

Kentucky retains its state plan status as of May 2026, subject to ongoing federal OSHA monitoring under Section 18(f) of the OSH Act. Federal OSHA retains authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act; if federal OSHA resumes direct enforcement in Kentucky (a rare occurrence), federal standards will apply. Federal OSHA also retains concurrent jurisdiction to investigate private-sector workplace retaliation complaints under Section 11(c) of the OSH Act, 29 U.S.C. § 660(c), though Kentucky OSH also investigates analogous retaliation complaints under KRS 338.121.

Source: KRS 338.062; KRS 338.051; KRS 338.061; HB 398 (2025 Regular Session); Kentucky State Plan summary (OSHA); 803 KAR 2:050

KRS 338.021 sets the boundaries of Kentucky's occupational safety and health (KOSH) program. The statute lists three explicit exclusions from state OSH coverage:

Statutory exclusions in KRS 338.021:

• United States Government employees: Section (2)(a) excludes "any employee of the United States"—mirroring the federal OSH Act, which does not cover federal employees (KRS 338.021(2)(a)).
• Employers, employees, or workplaces subject to other federal agency jurisdiction: Section (2)(b) excludes those "if a federal agency is exercising statutory authority to prescribe or enforce occupational safety or health standards." The text does not enumerate agencies, but, in practice, this includes worksites subject to agencies like the Mine Safety and Health Administration (MSHA), the Federal Railroad Administration (FRA), or the Nuclear Regulatory Commission (NRC)—if those agencies actively regulate the workplace (KRS 338.021(2)(b)).
• Persons subject to the Federal Service Contract Act or Walsh-Healey Public Contracts Act: Section (2)(c) excludes employers or employees whose working conditions are governed by these two federal acts, to the extent those working conditions are covered (KRS 338.021(2)(c)).

Additional federal jurisdiction carve-outs (per OSHA State Plan): Apart from the express statutory exclusions, Kentucky's OSHA State Plan (per OSHA.gov summary) recognizes several categories where federal OSHA retains enforcement:

• Maritime activities (e.g., shipyards, marine terminals)
• Tennessee Valley Authority (TVA) facilities
• Military bases
• U.S. Postal Service employees (including contractors)
• Private-sector employers on federal property where a federal agency has jurisdiction

Coverage of Kentucky state and local government employees: Importantly, Kentucky covers "every employer and employee" in the state, except those above, which means state and local public-sector employees are included in OSH coverage—unlike federal OSHA, which does not cover public employees (KRS 338.021(1)).

Cite the statute directly for exclusions; use OSHA State Plan for any carve-out that does not appear in the text. When working with a regulated workplace, always check whether specific federal regulatory regimes apply and preempt state enforcement.

Source: KRS 338.021; Kentucky State Plan (OSHA)

Effective June 27, 2025, Kentucky overhauled its injury and illness recordkeeping requirements to fully align with federal OSHA regulation, removing all Kentucky-specific variances for private-sector employers.

HB 398 and the statutory mandate: House Bill 398, which amended KRS 338.062, prohibits state OSH regulators from adopting or enforcing any occupational safety and health regulation that is more stringent than, or not promulgated by, federal OSHA. This legislative command applies across the regulatory landscape, explicitly including recordkeeping rules. As a result, Kentucky OSH may not maintain any additional or stricter state-specific injury and illness logging or reporting provisions for private-sector employers.

Emergency amendment to 803 KAR 2:181: In June 2025, the Kentucky Occupational Safety and Health Standards Board adopted emergency amendments to 803 KAR 2:181. The amendment (803 KAR 2:181E) incorporates by reference 29 C.F.R. Part 1904 (federal OSHA’s recordkeeping and reporting rule), without Kentucky-specific additions or modifications. The regulation now reads, in relevant part, that employers "shall comply with 29 C.F.R. Part 1904." As of July 2025, the emergency regulation and subsequent ordinary amendments have eliminated all Kentucky-only variations for private employers.

Federal requirement for State Plan conformance: 29 C.F.R. § 1904.37 requires that state-plan states’ recordkeeping requirements be "substantially identical" to federal OSHA. Any deviation must be federally approved. Kentucky’s new rule structure is designed to meet this requirement as written and as enforced.

Are there any remaining differences? No: for private-sector workplaces, Kentucky’s recordkeeping and reporting obligations are now functionally identical to those under federal OSHA in 29 C.F.R. Part 1904. Employers should rely solely on federal OSHA’s criteria, forms, and reporting deadlines. If this status changes (e.g., future Kentucky amendments are federally approved), a parallel Kentucky regulation would be adopted and cited.

(Public-sector employers remain under state jurisdiction, and any state-specific rule for that sector will appear in the state administrative code. This section addresses private-sector compliance.)

Source: KRS 338.062 as amended by HB 398; 803 KAR 2:181; 29 C.F.R. § 1904.37

Effective June 27, 2025, Kentucky overhauled critical timing rules for occupational safety and health (OSH) citations via House Bill 398, amending KRS 338.141(2):

Timeframe for citation issuance: Kentucky OSH must issue any citation—including notices for de minimis violations—no later than six months after the date of the alleged violation. The statute is explicit: the six-month clock begins on the violation date itself, not the date of discovery or inspection. Any citation issued after this period is time-barred, which is a stricter outer limit than the prior "reasonable promptness" standard. (This mirrors federal OSHA's statute of limitations from 29 U.S.C. § 658(c).)

Repeat violation lookback period shortened: HB 398 reduced the repeat violation lookback period from five years to three consecutive years. Now, a violation cannot be cited as "repeated" more than three years after the final order date of the prior citation. Practically, this means that if a similar violation recurs after three years from the previous citation’s finalization, it cannot be classified—and penalized—as a repeat. (Federal OSHA maintains a five-year repeat lookback: Kentucky is now less stringent than the federal default).

Statutory language (KRS 338.141(2) as amended by HB 398, effective June 27, 2025):

• "No citation or notice of a de minimis violation may be issued... after the expiration of six (6) months following the occurrence of any alleged violation."
• "A citation... shall not be classified as a repeated violation when issued more than three (3) consecutive years from the final order date of the previous citation."

Employers should review these timelines carefully. The shortened lookback window for repeat violations reduces potential repeat classification risk but increases the need for timely abatement, as OSH enforcers still have six months to act on violations.

Source: KRS 338.141(2) as amended by HB 398 (2025 Reg. Sess.)

Kentucky law gives employers the right to contest citations, penalties, or abatement deadlines issued under the state Occupational Safety and Health (OSH) program—but the contest must follow a strict procedure and timeline to preserve appeal rights.

Filing a Notice of Contest — 15 working day deadline: Under 803 KAR 2:140, an employer (or employee, or authorized representative) who wishes to contest any part of a Kentucky OSH citation must file a written Notice of Contest with the Commissioner of the Kentucky Labor Cabinet. This notice must clearly specify which part of the citation is being contested (the alleged violation, the penalty amount, or the abatement period—or any combination of these). The employer must file this written notice within 15 working days of receiving the citation. “Working days” exclude weekends and state holidays.

Filing a timely Notice of Contest stays enforcement of the proposed penalties and abatement requirements pending final disposition. If the employer misses this 15-day window, the citation, penalty, and abatement terms become a final order not subject to further review.

Review process — Kentucky OSH Review Commission: When the Commissioner receives a Notice of Contest, the matter is promptly forwarded to the Kentucky Occupational Safety and Health Review Commission. The review process is governed by KRS 338.141 and the administrative hearing rules of the Review Commission. The employer (and any affected employee representatives) will have the opportunity to present evidence and arguments in a formal administrative hearing. After considering the record, the Review Commission issues a final decision, which may affirm, modify, or vacate the citation or penalties.

Key points to remember:

• Written notice required — verbal objections do not preserve appeal rights.
• 15 working days is a hard deadline.
• Submit to the Commissioner, not the inspector — filing with the field inspector is not sufficient.
• Review Commission ruling is binding, but may be further appealed to the Kentucky court system.

Source: 803 KAR 2:140; Kentucky OSH Inspection Guide