803 KAR 2:500. Maritime employment.

 

      RELATES TO: KRS 338.051(3), 338.061, 29 C.F.R. Parts 1915, 1917, 1918, 1919

      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. 29 C.F.R. Parts 1915, 1917, 1918, and 1919 establish federal requirements relating to maritime employment. EO 2008-472, effective June 16, 2008, established the Labor Cabinet and assigned to it all organizational entities associated with the former Department of Labor. This administrative regulation establishes maritime employment standards to be enforced by the Office of Occupational Safety and Health in the maritime industry.

 

      Section 1. Definitions. (1) "Administration" means the Kentucky Labor Cabinet or Department of Workplace Standards.

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

      (3) "C.F.R." means Code of Federal Regulations

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

      (5) "Employer" is defined in KRS 338.015(1).

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

 

      Section 2. Except as modified by the definitions established in Section 1 of this administrative regulation, the maritime 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) 29 C.F.R. Part 1915, revised July 1, 2008, relating to occupational safety and health standards for shipyard employment;

      (2) 29 C.F.R. Part 1917, revised July 1, 2008, relating to maritime terminals;

      (3) 29 C.F.R. Part 1918, revised July 1, 2008, relating to safety and health regulations for longshoring;

      (4) 29 C.F.R. Part 1919, revised July 1, 2008, relating to gear certification; and

      (5) The amendment to 29 C.F.R. 1917.71 and 1918.85 published in the December 10, 2008 Federal Register, Volume 73, Number 238. (72 Fed. Reg 64428). (16 Ky.R. 720; eff. 12-15-89; Am. 20 Ky.R. 646; eff. 11-8-93; 2727; eff. 5-11-94; 21 Ky.R. 122; eff. 9-12-94; 2280; eff. 4-20-95; 22 Ky.R. 1151; 1474; eff. 2-12-96; 2070; eff. 7-5-96; 23 Ky.R. 1746; eff. 12-13-96; 3955; eff. 7-17-97; 24 Ky.R. 1161; eff. 1-12-98; 2160; eff. 7-13-98; 25 Ky.R. 2465; eff. 6-16-99; 26 Ky.R. 655; eff. 11-15-99; 27 Ky.R. 2903; 3250; eff. 6-8-2001; 29 Ky.R. 2357; eff. 5-15-03; 31 Ky.R. 1736; eff. 7-1-05; 32 Ky.R. 563; 878; eff. 12-2-05; 33 Ky.R. 1141; 1531; eff. 1-5-07; 3072; eff. 6-1-07; 34 Ky.R. 2050; eff. 5-2-2008; 35 Ky.R. 1912; eff. 5-1-09.)