alteration in enforcement of administrative regulation.
(1) Occupational safety and health standards may be adopted, modified, or repealed by
the board through the administrative regulation process of KRS Chapter 13A as it
shall deem necessary, except the secretary may through an administrative order
suspend, delay, or alter enforcement of a promulgated occupational safety and
health administrative regulation if the federal government has suspended, delayed,
or enjoined the corresponding federal regulation or suspended, delayed, enjoined, or
altered the enforcement thereof. Any action taken by the secretary to suspend, delay,
or alter the enforcement of an occupational safety and health administrative
regulation pursuant to this subsection shall be consistent with those taken by the
federal government, except that the secretary may enforce an administrative
regulation or standard which immediately preceded the administrative regulation
whose enforcement is amended, delayed, or altered.
(2) Established federal standards and national consensus standards may be adopted by
reference.
Effective: March 8, 2018
History: Amended 2018 Ky. Acts ch. 8, sec. 1, effective March 8, 2018. -- Amended
2006 Ky. Acts ch. 89, sec. 2, effective July 12, 2006. -- Created 1972 Ky. Acts ch.
251, sec. 7.
Notes of Decisions
Cited in
5
cases, 1983–2017 · leading case:
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
· cites it 6× “051(3); KRS 338.061(1), the violation of a KOSHA regulation would constitute a violation of KRS 338.”
Dep't of Labor v. Morel Constr. Co., 359 S.W.3d 438 (Ky. Ct. App. 2011).
· cites it 2× “KOSHA tracks the Federal Act in most respects and, pursuant to KRS 338.061(2), the Kentucky Occupational Safety and Health Standards Board is authorized to adopt federal standards for occupational safety and health as KOSHA standards.”
Kentucky Utils. Co. v. Auto Crane Co., 674 S.W.2d 15 (Ky. Ct. App. 1983).
“803 KAR 2:020, adopted pursuant to KRS 338.061(2), makes the occupational safety and health standards of the federal government applicable to Kentucky.”
Dep't of Labor v. Hayes Drilling, Inc., 354 S.W.3d 131 (Ky. Ct. App. 2011).
“Pursuant to KRS 338.061(2), the Kentucky Occupational Safety and Health Standards Board is authorized to adopt federal standards for occupational safety and health and Kentucky courts look to Federal decisions for guidance.”
Sec'y of Labor v. United Parcel Serv., Inc., 512 S.W.3d 739 (Ky. Ct. App. 2017).
“KOSHA tracks the Federal Act in most respects and, pursuant to KRS 338.061(2), the Kentucky Occupational Safety and Health Standards Board is authorized to adopt federal standards for occupational safety and health as KOSHA standards.”
— Ky. Rev. Stat. § 338.061(1) — 1 case
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
“051(3); KRS 338.061(1), the violation of a KOSHA regulation would constitute a violation of KRS 338.”
— Ky. Rev. Stat. § 338.061(2) — 5 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
“051(3); KRS 338.061(1), the violation of a KOSHA regulation would constitute a violation of KRS 338.”
Dep't of Labor v. Morel Constr. Co., 359 S.W.3d 438 (Ky. Ct. App. 2011).
“KOSHA tracks the Federal Act in most respects and, pursuant to KRS 338.061(2), the Kentucky Occupational Safety and Health Standards Board is authorized to adopt federal standards for occupational safety and health as KOSHA standards.”
Kentucky Utils. Co. v. Auto Crane Co., 674 S.W.2d 15 (Ky. Ct. App. 1983).
“803 KAR 2:020, adopted pursuant to KRS 338.061(2), makes the occupational safety and health standards of the federal government applicable to Kentucky.”
Dep't of Labor v. Hayes Drilling, Inc., 354 S.W.3d 131 (Ky. Ct. App. 2011).
“Pursuant to KRS 338.061(2), the Kentucky Occupational Safety and Health Standards Board is authorized to adopt federal standards for occupational safety and health and Kentucky courts look to Federal decisions for guidance.”
Sec'y of Labor v. United Parcel Serv., Inc., 512 S.W.3d 739 (Ky. Ct. App. 2017).
“KOSHA tracks the Federal Act in most respects and, pursuant to KRS 338.061(2), the Kentucky Occupational Safety and Health Standards Board is authorized to adopt federal standards for occupational safety and health as KOSHA standards.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.