Kentucky Revised Statutes

Ky. Rev. Stat. § 338.071 (2026)

Kentucky Occupational Safety and Health Review Commission --

✓ current as of May 2026

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Membership -- Terms -- Quorum -- Hearings -- Regulations -- Compensation -- Employees. (1) There is hereby established the Kentucky Occupational Safety and Health Review Commission consisting of three (3) members appointed by the Governor on the basis of their experience and competence in the fields of occupational safety and health. The members selected shall be qualified to represent the interest of employers, employees, and the occupational safety and health profession with a minimum of five (5) years experience in their respective fields. (2) Members of the review commission shall serve terms of four (4) years and until their successors are appointed. (3) The review commission shall hold monthly meetings and additional meetings as deemed necessary. A majority of the review commission constitutes a quorum for the transaction of business. Special meetings of the review commission may be called upon reasonable notice by the commissioner or by any two (2) members of the commission. (4) The review commission shall hear and rule on appeals from citations, notifications, and variances issued under the provisions of this chapter and adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings. (5) The review commission shall have the authority to employ a secretary, hearing officers, and other employees as may become necessary. (6) The chairman of the commission and each of the other two (2) members shall be paid a salary fixed under KRS 64.640. (7) The secretary of the commission shall be paid a salary to be fixed by the commission, with the approval of the Governor. The commission shall fix the compensation of all its other employees. (8) The commissioners and the secretary and employees of the commission are entitled to all necessary expenses incurred in traveling on business of the commission. (9) The commission shall be attached to the Education and Labor Cabinet for administrative purposes only. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 123, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1755, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 38, effective June 20, 2005. -- Created 1972 Ky. Acts ch. 251, sec. 8.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1976–2024 · leading case: Kentucky Labor Cabinet v. Graham, 43 S.W.3d 247 (Ky. 2001).

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Kentucky Labor Cabinet v. Graham, 43 S.W.3d 247 (Ky. 2001). · cites it 2× “” KRS 338.071(4). KRS 338.081 authorizes the Review Commission, or a duly appointed hearing officer, to “subpoena and examine witnesses, require the production of evidence, administer oaths, and take testimony and depositions” in order to rule on appeals from citations.”

Sec'y, Labor Cabinet v. Boston Gear, Inc., 25 S.W.3d 130 (Ky. 2000). · cites it 2× “KRS 338.071(4) specifically states that the Commission “shall hear and rule on appeals from citations, notifications, and variances issued under the provisions of this chapter and adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings.”

A & H Truck Line, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 536 S.W.2d 315 (Ky. 1976). “KRS 338.071. The authority to enforce any order issued by the Review Commission is specifically vested in the Kentucky Department of Labor.”

Elliot Elec./Kentucky, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 323 S.W.3d 373 (Ky. Ct. App. 2010). · cites it 2× “KRS 338.071. It was also specifically directed by the General Assembly “to adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings.”

Comm'r of the Dep't of Workplace Standards, Educ. & Labor Cabinet v. Kalkreuth Roofing & Sheet Metal, Inc. (Ky. Ct. App. 2024). “First, the doctrine would not apply to the Cabinet’s decision. Among other things, the Commission has the express authority to “hear and rule on appeals from citations, notifications, and variances issued under” KRS Chapter 338.”

— Ky. Rev. Stat. § 338.071(4) — 3 cases

Kentucky Labor Cabinet v. Graham, 43 S.W.3d 247 (Ky. 2001). “” KRS 338.071(4). KRS 338.081 authorizes the Review Commission, or a duly appointed hearing officer, to “subpoena and examine witnesses, require the production of evidence, administer oaths, and take testimony and depositions” in order to rule on appeals from citations.”

Sec'y, Labor Cabinet v. Boston Gear, Inc., 25 S.W.3d 130 (Ky. 2000). “KRS 338.071(4) specifically states that the Commission “shall hear and rule on appeals from citations, notifications, and variances issued under the provisions of this chapter and adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings.”

Elliot Elec./Kentucky, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 323 S.W.3d 373 (Ky. Ct. App. 2010). “KRS 338.071. It was also specifically directed by the General Assembly “to adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings.”

— Ky. Rev. Stat. § 338.071(5) — 1 case

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