(1) In order to carry out the purposes of this chapter, the commissioner or the commissioner's authorized representative shall have the authority: (a) To enter without delay and advance notice any place of employment during regular working hours and at other reasonable times in order to inspect such places, question privately any such employer, owner, operator, agent, employee, or employee's representative, and investigate such facts, conditions, practices, or matters deemed appropriate to determine the cause of, or to prevent the occurrence of, any occupational injury or illness. (b) To administer oaths, take depositions, conduct hearings, take photographs, review any and all accident and illness records, and secure any other evidence deemed necessary to evaluate any occupational safety and health hazard in order to ascertain whether any person has violated any provision of this chapter or regulations issued pursuant thereto.
(2) If an employer refuses such entry, then the commissioner may apply to the Franklin Circuit Court for an order to enforce the right of entry. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1756, effective July 15, 2010. -- Created 1972 Ky. Acts ch. 251, sec. 11.
Notes of Decisions
Kentucky Labor Cabinet v. Graham, 43 S.W.3d 247 (Ky. 2001).
· cites it 3× “Tyson’s reliance on International Society for Krishna Consciousness, Inc. v. Commonwealth, Ky.App., 610 S.”
Stovall v. A. O. Smith Corp., 676 S.W.2d 475 (Ky. Ct. App. 1984).
· cites it 3× “HAYES, Chief Judge: The issue to be decided in this appeal is whether KRS 338.101(2) vests exclusive jurisdiction in the Franklin Circuit Court to issue a search warrant to enforce the right of entry of the appellant, Thelma L.”
Dep't of Labor v. Hayes Drilling, Inc., 354 S.W.3d 131 (Ky. Ct. App. 2011).
· cites it 2× “111 states: A representative of the employer and a representative authorized by the employees shall be given an opportunity to accompany the representative of the commissioner during the physical inspection of any place of employment as authorized by KRS 338.101. If there is no…”
Sec'y, Labor Cabinet v. Boston Gear, Inc., 25 S.W.3d 130 (Ky. 2000).
“and secure any other evidence deemed necessary to evaluate any occupational safety and health hazard in order to ascertain whether any person has violated any provision of this chapter or regulations *134 issued pursuant thereto KRS 338.101(l)(b). Administrative regulations…”
Yocom v. Burnette Tractor Co., 566 S.W.2d 755 (Ky. 1978).
“The principal issue contested by the parties is whether KRS 338.101 1 excuses the state inspection officials administering the Kentucky Occupational Safety and Health Act 2 from securing a search warrant or court order if they propose to engage in an unconsented search of a…”
— Ky. Rev. Stat. § 338.101(2) — 1 case
Stovall v. A. O. Smith Corp., 676 S.W.2d 475 (Ky. Ct. App. 1984).
“HAYES, Chief Judge: The issue to be decided in this appeal is whether KRS 338.101(2) vests exclusive jurisdiction in the Franklin Circuit Court to issue a search warrant to enforce the right of entry of the appellant, Thelma L.”
— Ky. Rev. Stat. § 338.101(l)(a) — 1 case
Kentucky Labor Cabinet v. Graham, 43 S.W.3d 247 (Ky. 2001).
“Tyson’s reliance on International Society for Krishna Consciousness, Inc. v. Commonwealth, Ky.App., 610 S.”
— Ky. Rev. Stat. § 338.101(l)(b) — 1 case
Sec'y, Labor Cabinet v. Boston Gear, Inc., 25 S.W.3d 130 (Ky. 2000).
“and secure any other evidence deemed necessary to evaluate any occupational safety and health hazard in order to ascertain whether any person has violated any provision of this chapter or regulations *134 issued pursuant thereto KRS 338.101(l)(b). Administrative regulations…”
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