803 KAR 2:309. General environmental controls.


      RELATES TO: KRS 338.051(3), 338.061, 29 C.F.R. 1910.141 -1910.147

      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 adopt and promulgate occupational safety and health administrative regulations necessary to accomplish the purposes of KRS Chapter 338. 29 C.F.R. 1910.141 to 1910.147 establishes the federal requirements relating to general environmental controls. This administrative regulation establishes the general environmental controls standards to be enforced by the Department of Workplace Standards in general industry.


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

      (2) "Assistant Secretary of Labor" means Secretary, Labor Cabinet, or Commissioner Department of Workplace Standards, Labor Cabinet.

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

      (4) "Employee" is defined in KRS 338.015(2).

      (5) "Employer" is defined in KRS 338.015(1).

      (6) "Established federal standard" is defined in KRS 338.015(10).

      (7) "National consensus standard" is defined in KRS 338.015(9).

      (8) "Secretary of Labor" means Secretary, Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor Cabinet.

      (9) "Standard" is defined in KRS 338.015(3).

      (10) "U.S. Department of Labor" means U.S. Department of Labor or Kentucky Labor Cabinet, U.S. 127 South, Frankfort, Kentucky 40601.


      Section 2. Except as modified by the definitions in Section 1 and the requirements 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) 29 C.F.R. 1910.141-1910.147, revised July 1, 2013; and

      (2) The amendments to 29 C.F.R. 1910.145 published in the June 13, 2014 Federal Register, Volume 78, Number 114, and confirmed and corrected in the November 6, 2013 Federal Register, Volume 78, Number 215.


      Section 3. (1)(a) Construction of Water Closets. The requirements relating to construction of water closets in paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1910.141(c)(2)(i).

      (b) Each water closet shall occupy a separate compartment with walls or partitions between fixtures sufficiently high to assure privacy.

      (2)(a) Lockout. The requirements relating to the utilization of lockout procedures in paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1910.147(c)(2)(ii).

      (b) If an energy isolating device is capable of being locked out, the employer's energy control program under 29 C.F.R. 1910.147(c)(1) shall utilize lockout.

      (3)(a) Full employee protection. The requirements relating to tag location in subsection (b) of this section shall apply in lieu of 29 C.F.R. 1910.147(c)(3)(i).

      (b) When a tagout device is used on an energy isolating device which is incapable of being locked out, the tagout device shall be attached at the same location that the lockout device would have been attached, and the employer shall demonstrate that the tagout program will provide a level of safety equivalent to that obtained by using a lockout program. If tagout devices are used with energy isolating devices designed with the incapability of being locked, the tag attachment shall be fastened at the same point at which the lock would have been attached. (16 Ky.R. 692; eff. 12-15-89; Am. 1698; 2138; eff. 4-12-90; 17 Ky.R. 3509; eff. 8-2-91; 20 Ky.R. 640; eff. 11-8-93; 2693; eff. 5-11-94; 21 Ky.R. 112; eff. 9-12-94; 23 Ky.R. 1708; eff. 12-13-96; 25 Ky.R. 2443; eff. 6-16-99; 26 Ky.R. 651; 1007; eff. 11-15-99; 32 KAR 546; 871; eff. 12-2-2005; 33 Ky.R. 1717; 2300; eff. 3-9-07; 35 Ky.R. 1296; 1756; eff. 3-6-09; 38 Ky.R. 99; 597; eff. 10-7-11; 38 Ky.R. 2021; eff. 8-31-2012; 40 Ky.R. 2830; eff. 9-5-2014.)