LABOR CABINET

Department of Workplace Standards

Division of Occupational Safety and Health Compliance

Division of Occupational Safety and Health Education and Training

(As Amended at ARRS, July 14, 2016)

 

      803 KAR 2:400. Adoption of 29 C.F.R. 1926.1-6.

 

      RELATES TO: KRS Chapter 338

      STATUTORY AUTHORITY: KRS 338.051, 338.061

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) requires[and 338.061 require] the Kentucky Occupational Safety and Health Standards Board to[adopt and] promulgate occupational safety and health[rules,] administrative regulations. This[, and standards. The following] administrative regulation establishes the[contains those] standards to be enforced by the Division of Occupational Safety and Health Compliance in the area of construction.[The standards are arranged in numerical order in order to facilitate reference to 29 C.F.R. 1926.]

 

      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 by KRS 338.015(2).

      (4) "Employer" is defined by KRS 338.015(1).

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

 

      Section 2. The construction industry shall comply with the following federal regulations published by the Office of the Federal Register, National Archives and Records Administration, except as modified by the definitions established in Section 1 of this administrative regulation:

      (1) 29 C.F.R. 1926.1- 6, revised July 1, 2015; and[2013;]

      (2) The amendments to 29 C.F.R. 1926.6 as published in the March 25, 2016 Federal Register, Volume 81, Number 58[The revisions to 29 C.F.R. 1926.6 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 revisions to 29 C.F.R. 1926.6 as published in the April 11, 2014 Federal Register, Volume 79, Number 70].

 

As approved by the Kentucky Occupational Safety and Health Standards Board.

 

DERRICK RAMSEY, Chairman

      APPROVED BY AGENCY: May 10, 2016

      FILED WITH LRC: May 13, 2016 at 11 a.m.

      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.