Ky. Rev. Stat. » Chapter 338
Kentucky Revised Statutes

Ky. Rev. Stat. § 338.031 (2026)

Obligations of employers and employees

✓ current as of May 2026
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(1) Each employer:

(a) Shall 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;

(b) Shall comply with occupational safety and health standards promulgated under this chapter.

(2) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct. History: Created 1972 Ky. Acts ch. 251, sec. 4.

Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1980–2023 · leading case: Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
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Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). · cites it 32× “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
Apex Mining v. Blankenship, 918 S.W.2d 225 (Ky. 1996). · cites it 14× “) whether the violation of KRS 338.031 which occurred in this case constitutes a safety violation for the purposes of KRS 342.”
Lexington-Fayette Urban Cnty. Gov't v. Offutt, 11 S.W.3d 598 (Ky. Ct. App. 2000). · cites it 13× “That issue was submitted to an ALJ, who found that the LFUCG had violated the general duty clause of KRS 338.031, and accordingly awarded Offutt an enhancement of her award of 15% under KRS 342.”
Cabinet for Workforce Dev. v. Cummins, 950 S.W.2d 834 (Ky. 1997). · cites it 16× “This appeal stems from claimant’s assertion that the employer’s violation of KRS 338.031, part of the Kentucky Occupational Safety and Health Act (KOSHA), contributed to his injuries and that, in addition to his award of income benefits, he was entitled to a 15% penalty pursuant…”
Hornback v. Hardin Mem'l Hosp., 411 S.W.3d 220 (Ky. 2013). · cites it 9× “165(1) and KRS 338.031. Under KRS 342.165(1), if an accident is caused in any degree by the intentional failure of an employer to comply with a specific statute or regulation relative to the installation or maintenance of safety appliances, or methods, the claimant’s workers’…”
Carman v. Dunaway Timber Co., Inc., 949 S.W.2d 569 (Ky. 1997). · cites it 4× “) KRS 338.031(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.”
Brusman v. Newport Steel Corp., 17 S.W.3d 514 (Ky. 2000). · cites it 5× “An inspector from the Kentucky Labor Cabinet investigated the accident and issued a citation charging the employer with a violation of KRS 338.031(l)(a), the “general duty” provision of the Kentucky Occupational Safety and Health Act (KOSHA), viz: (1) Each employer: (a) Shall…”
Taylor v. Kennedy, 700 S.W.2d 415 (Ky. Ct. App. 1985). · cites it 2× “” The appellant alleged that the appel-lees violated the provisions of KRS 338.031 in not providing him with a safe place in which to work, i.”
Whittaker v. McClure, 891 S.W.2d 80 (Ky. 1995). · cites it 3× “KRS 338.031. As a result of KOSHA, workplace safety provisions have been established in order to protect workers from injury.”
McCarty v. Covol Fuels No. 2, LLC, 978 F. Supp. 2d 799 (W.D. Ky. 2013). · cites it 3× “So, pursuant to KRS 338.031, Covol owed a duty to McCarty to maintain a safe workplace free of hazards, such as the defective stepladder McCarty was on at the time he fell.”
Dep't of Labor v. Morel Constr. Co., 359 S.W.3d 438 (Ky. Ct. App. 2011). · cites it 3× “[s]hall comply with occupational safety and health standards promulgated under this chapter.”
Barmet of Kentucky, Inc. v. Sallee, 605 S.W.2d 29 (Ky. Ct. App. 1980). · cites it 2× “Where wet processes are used, drainage shall be maintained, and false floors, platforms, mats, or other dry standing places should be provided where practicable, (emphasis added) The appellee argued before the board that appellant violated KRS 338.031(l)(a) by its failure to…”
Show all 30 citing cases →
— Ky. Rev. Stat. § 338.031(1) — 6 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
Alicia Howeth-England v. Kentucky Dep't of Corr. (Ky. 2015).
Alicia Howeth-England v. Kentucky Dep't of Corr. (Ky. 2015).
Christopher Gregory v. a & G Tree Serv. (Ky. 2019).
Hawkeye Constr. Co. v. Little Ex Rel. Little Ex Rel. Little, 151 S.W.3d 360 (Ky. Ct. App. 2004).
— Ky. Rev. Stat. § 338.031(1)(a) — 6 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
Carman v. Dunaway Timber Co., Inc., 949 S.W.2d 569 (Ky. 1997). “) KRS 338.031(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.”
D.W. Wilburn, Inc. v. Wade Massengill (Ky. Ct. App. 2021).
Emp. Solutions, Inc. v. Charles Breeze (Ky. 2015).
Emp. Solutions, Inc. v. Charles Breeze (Ky. 2015).
— Ky. Rev. Stat. § 338.031(1)(b) — 1 case
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
— Ky. Rev. Stat. § 338.031(2) — 2 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
Enerfab, Inc. v. Kentucky Power Co., 433 S.W.3d 363 (Ky. Ct. App. 2014).
— Ky. Rev. Stat. § 338.031(l)(a) — 12 cases
Brusman v. Newport Steel Corp., 17 S.W.3d 514 (Ky. 2000). “An inspector from the Kentucky Labor Cabinet investigated the accident and issued a citation charging the employer with a violation of KRS 338.031(l)(a), the “general duty” provision of the Kentucky Occupational Safety and Health Act (KOSHA), viz: (1) Each employer: (a) Shall…”
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
Cabinet for Workforce Dev. v. Cummins, 950 S.W.2d 834 (Ky. 1997). “This appeal stems from claimant’s assertion that the employer’s violation of KRS 338.031, part of the Kentucky Occupational Safety and Health Act (KOSHA), contributed to his injuries and that, in addition to his award of income benefits, he was entitled to a 15% penalty pursuant…”
Lexington-Fayette Urban Cnty. Gov't v. Offutt, 11 S.W.3d 598 (Ky. Ct. App. 2000). “That issue was submitted to an ALJ, who found that the LFUCG had violated the general duty clause of KRS 338.031, and accordingly awarded Offutt an enhancement of her award of 15% under KRS 342.”
Hornback v. Hardin Mem'l Hosp., 411 S.W.3d 220 (Ky. 2013). “165(1) and KRS 338.031. Under KRS 342.165(1), if an accident is caused in any degree by the intentional failure of an employer to comply with a specific statute or regulation relative to the installation or maintenance of safety appliances, or methods, the claimant’s workers’…”
— Ky. Rev. Stat. § 338.031(l)(b) — 5 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “The second duty is a "specific duty" imposed on employers to comply with the OSHA regulations.”
Dep't of Labor v. Morel Constr. Co., 359 S.W.3d 438 (Ky. Ct. App. 2011). “[s]hall comply with occupational safety and health standards promulgated under this chapter.”
McCarty v. Covol Fuels No. 2, LLC, 978 F. Supp. 2d 799 (W.D. Ky. 2013). “So, pursuant to KRS 338.031, Covol owed a duty to McCarty to maintain a safe workplace free of hazards, such as the defective stepladder McCarty was on at the time he fell.”
David Gaines Roofing, LLC v. Kentucky Occupational Saf. & Health Review Comm'n, 344 S.W.3d 145 (Ky. Ct. App. 2011).
Dep't of Labor v. Hayes Drilling, Inc., 354 S.W.3d 131 (Ky. Ct. App. 2011).
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