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 establish the federal requirements relating to general environmental controls. This administrative regulation establishes the general environmental controls standards to be enforced by the Office of Occupational Safety and Health, Division of Compliance in the area of general industry.

 

      Section 1. Except as provided in Sections 2 and 3 of this administrative regulation, general industry shall comply with 29 C.F.R. 1910.141 to 1910.147, revised as of July 1, 2006, and relating to general environmental controls.

 

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

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

 

      Section 3. Lockout. (1) The requirements relating to the utilization of lockout procedures in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.147(c)(2)(ii).

      (2) 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) The requirements relating to tag location in subsection (4) of this section shall apply in lieu of 29 C.F.R. 1910.147(c)(3)(i).

      (4) Full employee protection. 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.)