803 KAR 2:403. Occupational health and environmental controls.

      RELATES TO: KRS 338.051, 338.061, 29 C.F.R. 1926.50-1926.66, EO 2009-537

      STATUTORY AUTHORITY: KRS 338.051(3), 338.061, EO 2009-537

      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. 29 C.F.R. 1926.50 to 1926.66 establish the federal requirements relating to occupational health and environmental controls. EO 2009-537, effective June 12, 2009, established the Labor Cabinet and assigned to it all organizational entities associated with the former Department of Labor. This administrative regulation establishes the occupational health and environmental control standards to be enforced by the Department of Workplace Standards in the area of construction.

      Section 1. Definitions. (1) "Assistant secretary" means Secretary, Labor Cabinet or Commissioner, Department of Workplace Standards, Labor Cabinet.

      (2) "Director" means Director, Division of Occupational Safety and Health Compliance, Kentucky Labor Cabinet.

      (3) "U.S. Department of Labor" means Kentucky Labor Cabinet or U.S. Department of Labor.

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

      (1) 29 C.F.R. 1926.50 through 1926.66, revised July 1, 2008.

      (2) The amendments to 29 C.F.R. 1926.60 and 1926.62 as published in the December 12, 2008, Federal Register, Volume 73, Number 240. (16 Ky.R. 704; eff. 12-15-89; Am. 16 Ky.R. 2468; eff. 7-9-90; 18 Ky.R. 184; eff. 9-6-91; 1950; eff. 2-7-92; 19 Ky.R. 1892; eff. 4-7-93; 20 Ky.R. 645; eff. 11-8-93; 2705; eff. 5-11-94; 21 Ky.R. 119; eff. 9-12-94; 2261; eff. 4-20-95; 22 Ky.R. 1149; 1473; eff. 2-12-96; 23 Ky.R. 1734; eff. 12-13-96; 3939; eff. 7-17-97; 24 Ky.R. 1156; eff. 1-12-98; 25 Ky.R. 1168; eff. 1-19-99; 2458; eff. 6-16-99; 32 Ky.R. 559; 877; eff. 12-2-2005; 33 Ky.R. 1132; 1529; eff. 1-5-07; 3062; eff. 6-1-07; 36 Ky.R. 177; 593; eff. 10-2-2009.)