803 KAR 2:312. Compressed gas and compressed air equipment.
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 Applicable to this Part. (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 an 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, U.S. 127 South, Frankfort, Kentucky 40601.
Section 2. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) The material in 29 C.F.R. 1910, Subpart M, "Compressed Gas and Compressed Air Equipment", published by the Office of the Federal Register, National Archives and Records Services, General Services Administration, revised as of July 1, 1995, is incorporated by reference.
(b) The revisions to 29 C.F.R. 1910.169, "Air Receivers", as published in the Federal Register, Volume 61, Number 46, March 7, 1996, are incorporated by reference.
(c) The removal of 29 C.F.R. 1910.170, "Sources of Standards", as published in the Federal Register, Volume 61, Number 46, March 7, 1996, are incorporated by reference.
(d) The removal of 29 C.F.R. 1910.171, "Standards Organizations", as published in the Federal Register, Volume 61, Number 46, March 7, 1996, are incorporated by reference.
(2) 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. 1098; eff. 12-15-89; Am. 20 Ky.R. 2696; eff. 5-11-94; 23 Ky.R. 1713; eff. 12-13-96; TAm eff. 8-9-2007; TAm eff. 9-8-2011.)