(1) This chapter applies to all employers, employees, and places of employment throughout the Commonwealth except the following:
(a) Employees of the United States government; and
(b) Employers, employees and places of employment over which federal agencies other than the Occupational Safety and Health Administration of the United States Department of Labor exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.
(2) (a) Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose under this chapter.
(b) Notwithstanding any voluntary agreement entered into between the United States Department of Labor and a franchisor, neither a franchisor nor a franchisor's employee shall be deemed to be an employee of the franchisee for any purpose under this chapter.
(c) For purposes of this subsection, "franchisee" and "franchisor" have the same meanings as in 16 C.F.R. sec. 436.1.
(3) Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge or diminish or affect in any manner the common law or statutory rights, duties, or liabilities of employers or employees, under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 24, sec. 2, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 378, sec. 1, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 251, sec. 3.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1977–2025 · leading case:
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
· cites it 18× “021(2) provides: Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge or diminish or affect in any manner the common law or statutory rights, duties, or liabilities of employers or employees, under any law…”
Childers v. Int'l Harvester Co., 569 S.W.2d 675 (Ky. Ct. App. 1977).
· cites it 2× “According to International Harvester, in cases of the violation of KOSHA, this statute precludes the assessment of the 15% penalty provided for in the workmen’s compensation statute (KRS 342.165) for intentional failure of an employer to comply with safety statutes or…”
Stinnett v. Buchele, 598 S.W.2d 469 (Ky. Ct. App. 1980).
· cites it 2× “105 does not grant a cause of action to Stinnett because of KRS 338.021(2). We do not find Rietze v. Williams, Ky.”
Kentucky Utils. Co. v. Auto Crane Co., 674 S.W.2d 15 (Ky. Ct. App. 1983).
“KRS 338.021(2) would make the violation of the regulation inapplicable in a workmen’s compensation case, but the violation of the regulation would amount to contributory negligence in an action against a nonemployer such as Kentucky Utilities and Auto Crane.”
Stovall v. A. O. Smith Corp., 676 S.W.2d 475 (Ky. Ct. App. 1984).
“Sto-vall, Commissioner of Labor, to conduct inspections in businesses not otherwise excluded by KRS 338.021, to safeguard employees against hazards in the work areas.”
Terminix Int'l, Inc. v. Sec'y of Labor, 92 S.W.3d 743 (Ky. Ct. App. 2002).
· cites it 2× “In support of its argument, Termi-nix cites KRS 338.021 which states that: This chapter applies to all employers, employees, and places of employment throughout the Commonwealth except the following: [[Image here]] Employers, employees and places of employment over which federal…”
Mitchell Baird v. Greenwell Bros. Farm LLC (Ky. Ct. App. 2025).
“2 § 653(b)(4) (“Nothing in this chapter shall be construed to supersede or in any manner affect any workmen’s compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any…”
— Ky. Rev. Stat. § 338.021(2) — 5 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
“021(2) provides: Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge or diminish or affect in any manner the common law or statutory rights, duties, or liabilities of employers or employees, under any law…”
Childers v. Int'l Harvester Co., 569 S.W.2d 675 (Ky. Ct. App. 1977).
“According to International Harvester, in cases of the violation of KOSHA, this statute precludes the assessment of the 15% penalty provided for in the workmen’s compensation statute (KRS 342.165) for intentional failure of an employer to comply with safety statutes or…”
Stinnett v. Buchele, 598 S.W.2d 469 (Ky. Ct. App. 1980).
“105 does not grant a cause of action to Stinnett because of KRS 338.021(2). We do not find Rietze v. Williams, Ky.”
Kentucky Utils. Co. v. Auto Crane Co., 674 S.W.2d 15 (Ky. Ct. App. 1983).
“KRS 338.021(2) would make the violation of the regulation inapplicable in a workmen’s compensation case, but the violation of the regulation would amount to contributory negligence in an action against a nonemployer such as Kentucky Utilities and Auto Crane.”
— Ky. Rev. Stat. § 338.021(3) — 1 case
Mitchell Baird v. Greenwell Bros. Farm LLC (Ky. Ct. App. 2025).
“2 § 653(b)(4) (“Nothing in this chapter shall be construed to supersede or in any manner affect any workmen’s compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any…”
— Ky. Rev. Stat. § 338.021(l)(b) — 1 case
Terminix Int'l, Inc. v. Sec'y of Labor, 92 S.W.3d 743 (Ky. Ct. App. 2002).
“In support of its argument, Termi-nix cites KRS 338.021 which states that: This chapter applies to all employers, employees, and places of employment throughout the Commonwealth except the following: [[Image here]] Employers, employees and places of employment over which federal…”
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