The General Assembly finds that occupational accidents and diseases produce personal
injuries and illness including loss of life as well as economic loss. Therefore, the General
Assembly declares that it is the purpose and policy of the Commonwealth of Kentucky to
promote the safety, health and general welfare of its people by preventing any detriment
to the safety and health of all employees, both public and private, covered by this chapter,
arising out of exposure to harmful conditions and practices at places of work and
otherwise to preserve our human resources by providing for education and training,
inspection of workplaces, consultation, services, research, reports and statistics, and other
means of furthering progress in the field of occupational safety and health.
History: Created 1972 Ky. Acts ch. 251, sec. 1.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1995–2023 · leading case:
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
· cites it 2× “§ 651 (b), KRS 338.011 provides: [I]t is the purpose and policy of the Commonwealth of Kentucky to promote the safety, health and general welfare of its people by preventing any detriment to the safety and health of all employees, both public and private, covered by this…”
Carman v. Dunaway Timber Co., Inc., 949 S.W.2d 569 (Ky. 1997).
· cites it 6× “031(1)(a) requires each employer to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
Kentucky Labor Cabinet v. Graham, 43 S.W.3d 247 (Ky. 2001).
“” KRS 338.011. The General Assembly then granted the Commissioner of the Department of Workplace Standards, or an authorized representative, the power “[t]o enter without delay and advance notice any place of employment during regular working hours and at other reasonable times…”
Whittaker v. McClure, 891 S.W.2d 80 (Ky. 1995).
“” KRS 338.011. It is apparent that the legislature recognized the joint responsibility for workplace safety which is shared by employers and workers and provided accordingly.”
Pawley v. Bel Brands USA, Inc. (W.D. Ky. 2019).
· cites it 4× “KRS § 338.011. To that end, any employee who believes that an employer is violating work and safety health standards may request an inspection.”
Breeden v. Exel, Inc. (W.D. Ky. 2021).
· cites it 4× “Accordingly, Breeden’s two-count Complaint against DHL alleges wrongful termination in violation of: (1) Ky. Rev. Stat. § 338.011 (the Kentucky Occupational Safety and Health Act (“KOSHA”)), Count One; and (2) Ky.”
Auslander Props., LLC v. Joseph Herman Nalley (Ky. 2018).
“” KRS 338.011. KRS 338.03 l(l)(a) imposes a duty on “each employer” to furnish “his employees with employment and a place of employment which 8 are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
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