Kentucky lawmakers take aim at state-specific safety rules

Frankfort, KY — A bill that would limit enforcement of any new or existing state workplace safety and health regulations that are more stringent than federal OSHA standards is advancing in the Kentucky Legislature.

The bill’s sponsor, Rep. Walker Thomas (R-Hopkinsville), contends that the move would make it easier for employers who operate in multiple states to follow consistent standards and wouldn’t change Kentucky’s status as an OSHA State Plan program.

“H.B. 398 will not overhaul Kentucky’s occupational safety and health regulatory program,” Thomas said on the House floor. “The bill will only impact a few existing regulations, and even then, it may only impact part of a rule.”

The Republican-controlled House passed the bill with a 62-33 vote on Feb. 26. The bill is now in committee in the Senate. 

Kentucky AFL-CIO President Dustin Reinstedler, a former bricklayer, wrote in an editorial published in the Louisville Courier-Journal that the bill is an “attack on every working Kentuckian” and would eliminate state standards specifically tailored to the needs of Kentucky’s workforce.

He added: “If H.B. 398 passes, Kentucky would no longer require fire departments to inspect and maintain vehicles, mandate safety harnesses for steelworkers and crane operators above 10 feet, and ensure that employees are paid during workplace safety inspections.”

Reinstedler also points out that aligning with federal OSHA would mean a bigger burden on businesses, as Kentucky’s maximum penalty for workplace safety violations is $7,000, while federal OSHA’s penalty is $16,550. Penalties for willful violations would increase to $161,514 from $70,000.

The bill also includes amendments that would:

• Allow an employer’s representative to accompany the state’s Department of Workplace Standards during a physical inspection of any workplace.
• Only allow current employees or qualified representatives of those employees to request a safety inspection.
• Create a 30-day limit for a worker to report a safety violation and a six-month limit for an employer to be cited after the occurrence of a violation.