803 KAR 2:125. Posting of citations.

 

      RELATES TO: KRS 338.161

      STATUTORY AUTHORITY: KRS Chapter 13A

      NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to the authority granted the Kentucky Occupational Safety and Health Standards Board by KRS 338.051, the following rules and administrative regulations are adopted as they pertain to the posting of citations by the employer.

 

      Section 1. Posting of Citations. (1) Upon receipt of any citation under KRS Chapter 338, the employer shall immediately post such citation, or a copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided below. Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged violation, such citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities which are physically dispersed (see 803 KAR 2:060) the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location (see 803 KAR 2:060) the citation may be posted at the location from which the employees operate to carry out their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material which would obscure the citation. Notices of de minimis violations need not be posted.

      (2) Each citation, or a copy thereof, shall remain posted until the violation has been abated, or for three (3) working days, whichever is later. The filing by the employer of a notice of intention to contest shall not affect his posting responsibility under this section unless and until the review commission issues a final order vacating the citation.

      (3) An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the review commission, and such notice may explain the reasons for such contest. The employer may also indicate that specified steps have been taken to abate the violation.

      (4) Any employer failing to comply with the provisions of subsections (1) and (2) of this section shall be subject to citation and penalty of $100 per first instance per authority of KRS 338.991. (OSH 112; 1 Ky.R. 162; eff. 12-11-74; Am. 5 Ky.R. 819; eff. 6-6-79.)