803 KAR 2:505. Cranes and derricks in construction.

 

      RELATES TO: KRS 338.015, 29 C.F.R. Part 1926.1400-1926.1441

      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 and administrative regulations and standards. The following administrative regulation contains the standards to be enforced by the Division of Occupational Safety and Health Compliance in the area of construction.

 

      Section 1. Definitions. (1) "Act" means KRS Chapter 338.

      (2) "Assistant Secretary of Labor" 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 by KRS 338.015(2).

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

      (6) "Established federal standard" is defined by KRS 338.015(10).

      (7) "National consensus standard" is defined by KRS 338.015(9).

      (8) "Secretary of Labor" means Secretary, Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor Cabinet.

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

      (10) "U.S. Department of Labor" means U.S. Department of Labor or Kentucky Labor Cabinet, U.S. 127 South, Frankfort, Kentucky 40601.

 

      Section 2. Except as modified by the definitions established in Section 1 and the requirements in Section 3 of this administrative regulation, 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) 29 C.F.R. 1926.1400-1926.1441 revised July 1, 2013;

      (2) The amendments to 29 C.F.R. 1926.1400 published in the May 29, 2013 Federal Register, Volume 78, Number 103; and

      (3) The amendments to 29 C.F.R. 1926.1400 and 1926.1410 published in the April 11, 2014 Federal Register, Volume 79, Number 70.

 

      Section 3. (1) 29 C.F.R. 1926.1423(e)(1)(iii) is amended to read as follows: "On horizontal lattice booms where the fall distance is ten (10) feet or more."

      (2) 29 C.F.R. 1926.1423(f) is amended to read as follows: "For assembly/disassembly work, the employer must provide and ensure the use of fall protection equipment for employees who are on a walking/working surface with an unprotected side or edge more than ten (10) feet above a lower level, except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck."

      (3) 29 C.F.R. 1926.1423(h)(2) is amended to read as follows: “For erecting, climbing, and dismantling work, the employer must provide and ensure the use of fall protection equipment for employees who are on a walking/working surface with an unprotected side or edge more than ten (10) feet above a lower level." (37 Ky.R. 1118; Am. 1440; eff. 1-3-2011; 38 Ky.R. 120; 598; eff. 10-7-2011; 40 Ky.R. 2854; 41 Ky.R. 274; eff. 9-5-2014.)