Kentucky Revised Statutes
Ky. Rev. Stat. § 338.030 (2026)
Repealed, 1972
✓ current as of May 2026
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Catchline at repeal: Employer to furnish safeguards -- Effect of failure to use. History: Repealed 1972 Ky. Acts ch. 251, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599c-23.
Notes of Decisions
Cited in 7
cases, 1943–1974 · leading case: Simmons v. Clark Constr. Co., 426 S.W.2d 930 (Ky. Ct. App. 1968).
Simmons v. Clark Constr. Co., 426 S.W.2d 930 (Ky. Ct. App. 1968). “KRS 338.030; 338.160. The claim against Towers also was predicated upon the theory that the work was inherently dangerous and that Towers was responsible for the negligence of Qark even though Clark was an independent contractor.”
Crush v. Kaelin, 419 S.W.2d 142 (Ky. Ct. App. 1967). “KRS 338.030. Crush appeals from a $25,000 verdict and judgment against him in Kaelin’s favor.”
Louisville & Jefferson Cnty. Bd. of Health v. Mulkins, 445 S.W.2d 849 (Ky. Ct. App. 1969). “The plaintiff’s primary theory of negligence was that a glass jug, absent a protective covering or special safeguards for handling, is not a reasonably safe container for nitric acid, wherefore the board of health violated its statutory duty under KRS 338.030 to furnish for its…”
Johnson v. Thoni Oil Magic Benzol Gas Stations, Inc., 467 S.W.2d 772 (Ky. Ct. App. 1971). “KRS 338.030 known as the “safe place” statute provides in part as follows: “(1) Every employer shall: (a) Furnish places of employment that are safe for the employes therein; (b) Furnish safeguards and safety devices reasonably necessary to protect his employes from accidental…”
Samuels v. Spangler, 441 S.W.2d 129 (Ky. Ct. App. 1969). “traddling a limb and sawing the limb under him when the saw pinched, and fearing that the defendant Spangler was in danger of the saw falling on him, he shoved the saw away, and in doing so, fell to the ground, injuring himself; and that is the contention of the plaintiff, that…”
Coburn v. North Am. Refractories Co., 174 S.W.2d 756 (Ky. Ct. App. 1943). “” *574 This instruction was based on that portion of Paragraph 2 of KRS 338.030 which provides that the failure of an employee to use a safety device or safeguard provided by his employer ‘ ‘ shall, in the event of his injury, be considered prima facie evidence that his injury…”
Robbins v. Shepherd, 509 S.W.2d 278 (Ky. Ct. App. 1974). “r in a parallel manner; that Odell was an experienced heavy equipment operator; that an operator of such equipment would know the proper way to use such equipment in the circumstances Odell faced; that Odell knew of the existence of the wall and was familiar with its placement;…”
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