| Update Applicable to: | Effective date |
| All covered employers | October 1, 2024 – Immediately |
What happened?
On September 30, 2024, the Kentucky Occupational Safety and Health (KOSH) adopted an emergency rule to align with the federal OSHA’s new “walkaround” rule.
Quick Summary:
- Kentucky employees can designate a third party, including union representatives in non-union facilities, to join safety inspectors during walkaround inspections.
What are the details?
- This rule allows employees to designate a third party, including union representatives, to accompany safety inspectors during facility inspections.
- This change is significant because it extends the right to non-union facilities, allowing union representatives access to these workplaces.
- Public Hearing and Comment Period on the Ordinary Rule: A public hearing on the Proposed Ordinary Walkaround Rule will be held on December 23, 2024, at 10:00 a.m. EST via Zoom. Access the meeting here or by phone at (713) 353-0212, (888) 822-7517 (toll-free), conference code 194378.
- Notify the agency in writing at least 5 workdays before the hearing if you wish to attend. The hearing may be canceled if no notifications are received.
- A transcript will be made only upon written request. Written comments on the regulation are accepted through December 31, 2024.
- Contact Person: Robin Maples, OSH Standards Specialist Education and Labor Cabinet 500 Mero Street, 3rd Floor, Frankfort, KY 40601 Phone: (502) 564-4107 Fax: (502) 564-4769 Email: robin.maples@ky.gov
Business Considerations
- Employers retain state property rights and KOSH needs consent or a warrant to inspect worksites. Therefore, employers can control access unless there is a warrant. It is recommended for employers to consult their employment attorney for guidance with the process.
- Employers should consider leaving a comment on the Proposed Ordinary Walkaround Rule whose due date is December 31, 2024.
Source References
Resources
- OSH Field Operations Manual (Chapter IV General Inspection Procedures > Page 8 > (v)(d) Types of Interference)
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