803 KAR 2:303. Walking-working surfaces.

 

      RELATES TO: KRS 338.051, 338.061, 29 C.F.R. 1910

      STATUTORY AUTHORITY: KRS 338.051(3), 338.061, 29 C.F.R. 1910

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051 and 338.061 authorize the Kentucky Occupational Safety and Health Standards Board to adopt and promulgate occupational safety and health administrative regulations. Express authority to incorporate by reference established federal standards and national consensus standards is also given to the board. The following administrative regulation contains those standards to be enforced by the Division of Occupational Safety and Health Compliance in the area of general industry.

 

      Section 1. Definitions. (1) "Act" means KRS Chapter 338.

      (2) "Assistant Secretary of Labor" means the Secretary of Labor, Commonwealth of Kentucky.

      (3) "Employee" means any person employed except those employees excluded in KRS 338.021.

      (4) "Employer" means any entity for whom a person is employed except those employers excluded in KRS 338.021.

      (5) "Established federal standard" means any operative occupational safety and health standard established by any agency of the United States Government.

      (6) "National consensus standard" means any occupational safety and health standard or modification thereof which has been adopted and promulgated by a nationally recognized standards-producing organization.

      (7) "Standard" means a standard which requires conditions or the adoption or use of one (1) or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe and healthful employment. "Standard" has the same meaning as and includes the words "regulation" and "rule".

      (8) An employer, required under these standards to report information to the U.S. Department of Labor, or any subsidiary thereof, shall instead report such information to the Kentucky Labor Cabinet, Department of Workplace Standards, U.S. 127 South, Frankfort, Kentucky 40601.

 

      Section 2. Permanent and Temporary Floor Openings. (1) The language relating to the guarding of permanent and temporary floor openings in subsection (2) of this subsection shall apply in lieu of 29 C.F.R.1910.23(a)(7);

      (2) 29 C.F.R. 1910.23(a)(7) is amended to: "Every temporary or permanent floor opening shall have standard railings, or shall be constantly attended by someone."

 

      Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) The material in subparagraphs 1 through 2 of this paragraph, published by the Office of the Federal Register, National Archive and Records Services, General Services Administration, revised as of July 1, 1995, is incorporated by reference:

      1. 29 C.F.R. 1910.21 through 1910.23(a)(6); and

      2. 29 C.F.R. 1910.23(a)(8) through 29 C.F.R. 1910.32;

      (b) The revisions to 29 C.F.R. 1910.30, "Other Working Surfaces", as published in the Federal Register, Volume 61, Number 46, March 7, 1996;

      (c) The removal of 29 C.F.R. 1910.31, "Sources of Standards", as published in the Federal Register, Volume 61, Number 46, March 7, 1996; and

      (d) The removal of 29 C.F.R. 1910.32, "Standards of Organizations", as published in the Federal Register, Volume 61, Number 46, March 7, 1996.

      (2) The language relating to the guarding of floor openings in Section 2(2) of this administrative regulation shall apply in lieu of 29 C.F.R. 1910.23(a)(7).

      (3) This material may be inspected, obtained, and copied at: Kentucky Labor Cabinet, Division of Occupational Safety and Health Education and Training, U.S. 127 South, Frankfort, Kentucky 40601. Office hours are 8 a.m. - 4:30 p.m. (ET), Monday through Friday. (16 Ky.R. 685; eff. 12-15-1989; Am. 17 Ky.R. 1842; eff. 1-6-1991; 23 Ky.R. 1692; eff. 12-13-1996; TAm eff. 8-9-2007; TAm. eff. 9-8-2011; TAm. eff. 8-16-2013.)