803 KAR 2:314. Machinery and machine guarding.

 

      RELATES TO: KRS Chapter 338, 29 C.F.R. Part 1910

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

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) authorizes the Kentucky Occupational Safety and Health Standards Board to promulgate occupational safety and health administrative regulations. KRS 338.061(2) authorizes the board to incorporate by reference established federal standards and national consensus standards. This administrative regulation establishes machinery and machine guarding standards to be enforced by the Division of Occupational Safety and Health Compliance in general industry.

 

      Section 1. Definitions. (1) "Assistant Secretary of Labor" means the Secretary of Labor, Commonwealth of Kentucky.

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

      (3) "Employer" of defined in KRS 338.015(1).

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

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

 

      Section 2. General industry shall follow the federal regulations incorporated by reference in Section 5 of this administrative regulation as modified by the definitions in Section 1 and requirements of Sections 3 and 4 of this administrative regulation.

 

      Section 3. Reporting Requirement. An employer required by this administrative regulation to report information to the United States Department of Labor, or any subsidiary thereof, shall instead report such information to the Kentucky Department of Labor, U.S. Highway 127 South, Suite 4, Frankfort, Kentucky 40601.

 

      Section 4. Clutch/Brake Control. (1) The language in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.217(b)(7)(xii).

      (2) The clutch/brake control shall incorporate an automatic means to prevent initiation or continued activation of the single stroke or continuous functions unless the press drive motor is energized and in the forward direction. This provision shall not prevent the employer from utilizing a reversing means of the drive motor with the clutch-brake control in the "inch" position.

 

      Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) 29 C.F.R. 1910.211 through 1910.217(b)(xi), revised as of July 1, 2004;

      (b) 29 C.F.R. 1910.217(b)(xiii) through 1910.222, revised as of July 2, 2004; and

      (c) The revisions to 29 C.F.R. 1910.217 and 1910.219, as published in the June 8, 2004, Volume 69, Number 110.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Labor, Division of Education and Training, 1047 U.S. Highway 127 South, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

      (3) This material may also be obtained from the Office of the Federal Register, National Archives and Records Service, General Services Administration. (16 Ky.R. 696; eff. 12-15-89; Am. 23 Ky.R. 1716; eff. 12-13-96; 31 Ky.R. 1591; 1817; eff. 5-26-05.)