803 KAR 2:421. Adoption of 29 C.F.R. Part 1926.950-960.


      RELATES TO: KRS Chapter 338, 29 C.F.R. 1926.950 - 960

      STATUTORY AUTHORITY: KRS 338.051(3), 338.061

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) and 338.061 authorize the Kentucky Occupational Safety and Health Standards Board to promulgate occupational safety and health rules, administrative regulations, and standards. The following administrative regulation contains those standards to be enforced by the Division of Occupational Safety and Health Compliance in the area of construction.


      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" means "occupational safety and health standard" as defined by KRS 338.015(3).


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

      (1) Amend subparagraph 1926.950(c)(1)(i) to read as follows: "The employee is insulated or guarded from the energized part. Insulating gloves, as well as insulating sleeves if necessary, rated for the voltage involved shall be considered insulation of the employee from the energized part…";

      (2) 29 C.F.R. 1926.950-1926.960, revised as of July 1, 2010; and

      (3) 29 C.F.R. 1926.952 as amended and published in the August 9, 2010 Federal Register, Volume 75, Number 152. (16 Ky.R. 719; eff. 12-15-89; Am. 21 Ky.R. 2276; eff. 4-20-95; TAm eff. 8-9-2007; 37 Ky.R.1075; Am 1438; eff. 1-3-2011.)