By Hao Nguyen, Esq.
Senior Product and Regulatory Counsel
Among some other amendments, House Bill 398 was enacted by the Kentucky General Assembly late last month to align state workplace safety and health standards with that of federal OSHA. The Commonwealth of Kentucky operates a “State Plan,” which is an OSHA-approved workplace safety and health program operated by the individual state called the Kentucky Safety and Health (OSH) Program. They are monitored by OSHA and must be at least as effective as OSHA in protecting workers and in preventing work-related injuries, illnesses, and deaths. They are often more strict than federal standards and, in the case of Kentucky, may apply to both private and public sectors.
House Bill 398 limits the Kentucky Occupational Safety and Health Standards Board’s (Board) ability to enforce regulations stricter than federal standards. In other words, the bill removes the state’s State Plan status and instructs the state to follow federal OSHA standards. The Board is prevented from adopting, promulgating, or enforcing any regulation that is not promulgated by federal OSHA or the US Department of Labor. It is important to note that this amendment affects only the private sector, and the Board still has authority over public sector regulations.
Why the Change?
Originally vetoed by Governor Andy Beshar, the House and the Senate each met the simple majority required to override Beshar’s veto. Proponents of this measure state that different requirements often lead to great confusion, especially among smaller employers and employers that operate in multiple states. This change will make compliance easier for employers across the state.
Questions?
If you have questions about anything that has been covered above, do not hesitate to contact us at info@complyauto.com.
ComplyAuto offers unmatched tools to help dealers automate their compliance goals, covering everything from environmental health and safety to HR compliance, privacy, cybersecurity, service and repairs, and F&I and advertising compliance.