803 KAR 2:307. Hazardous materials.

 

      RELATES TO: KRS Chapter 338, 29 C.F.R. 1910.101-1910.126

      STATUTORY AUTHORITY: KRS 338.051(3), 338.061

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) requires the Kentucky Occupational Safety and Health Standards Board to promulgate occupational safety and health administrative regulations necessary to accomplish the purposes of KRS Chapter 338. 29 C.F.R. 1910.101-1910.126 establishes federal requirements relating to hazardous materials. EO 2009-537, effective June 12, 2009, established the Labor Cabinet and assigned to it all organizational entities associated with the former Department of Labor. This administrative regulation establishes hazardous materials standards to be enforced by the Department of Workplace Standards in general industry.

 

      Section 1. Definitions. (1) "Assistant secretary" means Secretary, Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor Cabinet.

      (2) "C.F.R." means Code of Federal Regulations.

      (3) "Employee" is defined by KRS 338.015(2).

      (4) "Employer" is defined by KRS 338.015(1).

      (5) "Standard" means "occupational safety and health standard" as defined by KRS 338.015(3).

 

      Section 2. Except as modified by the definitions in Section 1 of this administrative regulation and the requirements established in Section 3 of this administrative regulation, general industry shall comply with the following federal requirements published by the Office of the Federal Register, National Archives and Records Services, General Services Administration:

      (1) C.F.R. 1910.101-1910.126, revised July 1, 2009; and

      (2) The revisions to 29 C.F.R. 1910.102 as published in the August 11, 2009 Federal Register, Volume 74, Number 153 and confirmed in the November 10, 2009 Federal Register, Volume 74, Number 216.

 

      Section 3. Automotive Service Station. (1) The language in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.106(a)(3).

      (2) Automotive service station, or service station, shall include that portion of property where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles and shall include any facilities available for the sale and service of tires, batteries, or accessories, and for minor automotive maintenance work, and shall also include private stations not accessible or open to the public such as those used by commercial, industrial, or governmental establishments. This section shall not apply to agriculture. (16 Ky.R. 689; eff. 12-15-1989; Am. 17 Ky.R. 1847; eff. 1-6-1991; 18 Ky.R. 1944; eff. 2-7-1992; 3528; eff. 7-23-1992; 19 Ky.R. 2734; eff. 8-6-1993; 20 Ky.R. 2689; eff. 5-11-1994; 21 Ky.R. 2252; eff. 4-20-1995; 23 Ky.R. 1702; eff. 12-13-1996; 25 Ky.R. 1153; eff. 1-19-1999; 2441; eff. 6-16-1999; 26 Ky.R. 649; 1006; eff. 11-15-1999; 30 Ky.R. 708; eff. 12-5-2003; 31 Ky.R. 1587; 1816; eff. 5-26-2005; 33 Ky.R. 1714; 2299; eff. 3-9-2007; 35 Ky.R. 1294; 1756; eff. 3-6-2009; 36 Ky.R. 1531; 2065-M; eff. 4-2-2010.)