LABOR CABINET

Department of Workplace Standards

Division of Occupational Safety and Health Compliance

Division of Occupational Safety and Health Education and Training

(Amendment)

 

      803 KAR 2:317. Special industries.

 

      RELATES TO: KRS 338.051(3), 338.061, 29 C.F.R. 1910.261-1910.272

      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. 1910.261 to 1910.272 establish the federal requirements relating to special industries. This administrative regulation establishes the special industries 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 in KRS 338.015(2).

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

 

      Section 2. Except as modified by the definitions in Section 1 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. 1910.261-1910.272, revised July 1, 2014;

      (2) The amendments to 29 C.F.R. 1910.269 as published in the September 24, 2014 Federal Register, Volume 79, Number 185; and

      (3) The amendment to 29 C.F.R. 1910.266 as published in the July 1, 2014 Federal Register, Volume 79, Number 126[2013;

      (2) The amendment to 29 C.F.R. 1910.261 as published in the June 13, 2013 Federal Register, Volume 78, Number 114, and corrected and confirmed in the November 6, 2013 Federal Register, Volume 78, Number 215; and

      (3) The amendments to 29 C.F.R. 1910.269 and Appendices as published in the April 11, 2014 Federal Register, Volume 79, Number 70].

 

LARRY L. ROBERTS, Chairman

      APPROVED BY AGENCY: June 11, 2015

      FILED WITH LRC: June 12, 2015 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 2015 at 10:30 A.M. (EDT) at the Labor Cabinet, 1047 US HWY 127 South, Suite 4, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until July 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Kristi Redmon, OSH Standards Specialist, Kentucky Department of Workplace Standards, 1047 U.S. HWY 127 South, Suite 4, Frankfort, Kentucky 40601, phone (502) 564-3504, fax (502) 564-1682.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact person:    Kristi Redmon

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation, in Section 1, defines terms not found in the federal standard. Section 2 requires employers to comply with the requirements of 29 C.F.R. 1910. Section 2 also updates the C.F.R. to July 2014 and adopts the amendments published in the July 1, 2014 Federal Register, Volume 79, Number 126 as well as the amendment published in the September 24, 2014 Federal Register, Volume 79, Number 185.The Kentucky OSH Standards Board adopted these amendments on May 5, 2015. As a result of the adoption of the aforementioned rules, 803 KAR 2:317 must be amended to include the adopted changes. With the September 24, 2014 Federal Register, OSHA is amending the electrical power generation, transmission, and distribution requirements by correcting errors made in the text of the regulation as well as some reference tables that were not caught when changing the rule in April of 2014. Because of confusing wording in the preamble, OSHA is amending the decision making flow chart in Appendix A-2 of 1910.269, which refers to the definition of a "qualified" employee under 1910.399 instead of the definition in 1910.269. There are also numerous technical and typographical errors to the footnotes in multiple tables throughout the regulation. The amendments in this Federal Register also correct the regulatory text in 1910.269 where the ladder strength requirement for portable ladders was inadvertently dropped. This federal register restores that requirement. There were also minor and typographical amendments made to the construction standards in Subpart V of 1926 to include correcting equations and removing erroneous references. With the July 1, 2014 Federal Register, OSHA is also making correcting amendments, but to 29 C.F.R. 1910.266. A requirement in the logging standard made an incorrect reference to the vehicle mounted elevating and work platform standard. This Federal Register corrects that reference. Finally, this amendment updates this administrative regulation to meet KRS Chapter 13A considerations.

      (b) The necessity of this administrative regulation: The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. 29 C.F.R. 1953.5 requires state implementation of the new federal standard, or a more stringent amendment, within six (6) months of a final rule. The amendments related to both the July 1, 2014 and September 24, 2014 Federal Register amendments did not impose any additional or more stringent requirements on employers than the existing standard. The Kentucky Occupational Safety and Health Standards Board was not obligated to adopt this amendment. However, to maintain consistency with the Federal program, the amendments to 803 KAR 2:317 were all adopted by the Kentucky OSH Standards Board on May 05, 2015.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes of KRS Chapter 338.051 and 338.061.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will promote worker health and safety throughout Kentucky and keep the state program as effective as the federal program.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: Section 2 requires employers to comply with the requirements of 29 C.F.R. 1926. Section 2 also updates the C.F.R. to July 2014 and adopts the amendments published in the July 1, 2014 Federal Register, Volume 79, Number 126 as well as the amendment published in the September 24, 2014 Federal Register, Volume 79, Number 185.The Kentucky OSH Standards Board adopted these amendments on May 5, 2015.

Both Federal Registers correct existing standards and do not set forth new requirements of employers. This amendment also updates the administrative regulation to meet KRS Chapter 13A considerations.

      (b) The necessity of the amendment to this administrative regulation: The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. 29 C.F.R. 1953.5 requires state implementation of the new federal standard, or a more stringent amendment, within six (6) months of a final rule. The amendments related to both the July 1, 2014 and September 24, 2014 Federal Register amendments did not impose any additional or more stringent requirements on employers than the existing standard. The Kentucky Occupational Safety and Health Standards Board was not obligated to adopt this amendment. However, to maintain consistency with the Federal program, the amendments to 803 KAR 2:317 were all adopted by the Kentucky OSH Standards Board on May 05, 2015.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to the content of the authorizing statutes of KRS Chapter 338.051 and 338.061.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment maintains consistency with the federal requirements, providing all a clear understanding of the requirements. This amendment promotes worker health and safety throughout Kentucky and keeps the state program as effective as the federal program.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation affects all employers in the Commonwealth engaged in general industry activities covered by KRS Chapter 338.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: No additional compliance duties are expected from the corrections made in either Federal Register.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Because the amendments require no new occupational safety and health requirements, no costs are expected to be associated with the amendment.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Improved employee protection is likely to result from the promulgation of this amendment due to the consistency with the federal requirement, providing all a clear understanding of the requirements.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: There will be no cost to implement this specific amendment.

      (b) On a continuing basis: There will be no costs on a continuing basis to implement this amendment to the administrative regulation.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Current state and federal funding.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There is neither an increase in fees nor an increase in funding necessary to implement these revisions.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation neither establishes any fees nor directly or indirectly increases any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied. All employers covered by KRS Chapter 338 are treated equally.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate.

Public Law 91-596, the Occupational Safety and Health Act of 1970, Section 18; 29 C.F.R. Part 1952; 29 C.F.R. Part 1953

      2. State compliance standards. The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. 29 C.F.R. 1953.5 requires state implementation of the new federal standard, or a more stringent amendment, within six (6) months of a final rule. The amendments related to both the July 1, 2014 and September 24, 2014 Federal Register did not impose any additional or more stringent requirements on employers than the existing standard. The Kentucky Occupational Safety and Health Standards Board was not obligated to adopt this amendment. However, to maintain consistency with the Federal program, the amendments to 803 KAR 2:317 were all adopted by the Kentucky OSH Standards Board on May 05, 2015.

      3. Minimum or uniform standards contained in the federal mandate. The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. 29 C.F.R. 1953.5 requires state implementation of the new federal standard, or a more stringent amendment, within six (6) months of a final rule. The amendments related to both the July 1, 2014 and September 24, 2014 Federal Register amendments did not impose any additional or more stringent requirements on employers than the existing standard. The Kentucky Occupational Safety and Health Standards Board was not obligated to adopt this amendment. However, to maintain consistency with the Federal program, the amendments to 803 KAR 2:317 were all adopted by the Kentucky OSH Standards Board on May 05, 2015.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? This administrative regulation does not impose requirements in addition to the federal mandate. The amendments to the regulation do not impose stricter requirements than those required by the federal mandate.

      5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. This administrative regulation does not impose requirements in addition to the federal mandate. The amendments to the regulation do not impose stricter requirements than those required by the federal mandate.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will affect any unit, part, or division of local government covered by KRS 338 and engaged in general industry activities.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 338.051, KRS 338.061, Public Law 91-596 84 STAT. 1590, 29 C.F.R. Parts 1952 and 1953.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? There are no costs associated with either of the related-amendments of this regulation.

      (d) How much will it cost to administer this program for subsequent years? There are no costs associated with either of the related-amendments of this regulation as the amendments only correct mistakes in the regulations and do not require additional compliance duties of an employer.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): Unknown.

      Expenditures (+/-): Unknown.

      Other explanation: The amendments specific to this regulation are not expected to create any additional costs to the entities affected.