Ky. Rev. Stat. » Chapter 338

Ky. Rev. Stat. § 338.121

Request for inspection -- Discrimination against employee prohibited --

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Recourse. (1) Any employee, or representative authorized by the employees, who believes that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent danger exists in their workplace, may request an inspection by giving notice to the commissioner of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, including the date the violation is alleged to have occurred, and shall be signed by the employees or the representative authorized by the employees, and a copy shall be provided to the employer or the employer's agent no later than at the time of inspection, except that, upon written request of an employee giving such notice, his or her name shall not appear in such copy. (2) If upon receipt of notification, reasonable grounds evidence any violation or danger in the workplace, then a special inspection shall be made in accordance with the provisions of KRS 338.101 and 338.111. If no reasonable grounds evidence a potential violation or danger, then the commissioner shall notify the employee or the representative authorized by the employees in writing of such determination. (3) (a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter; and (b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this subsection may, within thirty (30) days after such violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as deemed appropriate. If upon such investigation, the commissioner determines that the provisions of this subsection have been violated, he or she shall issue a citation to the employer within six (6) months of the occurrence of the violation, which may be challenged or contested in accordance with the provisions of this chapter and the review commission may order the rehiring and reinstatement of the employee to his or her former position with back pay. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 4, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 236, sec. 124, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1758, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 134, sec. 1, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 177, sec. 1, effective July 15, 1986. -- Created 1972 Ky. Acts ch. 251, sec. 13.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1993–2024 · leading case: Benningfield v. Pettit Environmental, Inc.
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Benningfield v. Pettit Environmental, Inc. (2005) kyctapp · cites it 18× “Benningfield later filed an administrative discrimination charge based upon KRS 338.121 with the Kentucky Labor Cabinet.”
Kentucky Occupational Safety & Health Review Commission v. Estill County Fiscal Court (2016) ky · cites it 10× “The Secretary of the Labor Cabinet (the Secretary) issued citations pursuant to KRS 338.121 (3)(b), charging the Fiscal Court with improperly discharging and discriminating against Smith for filing a “complaint” under KRS SSS.”
England v. Advance Stores Co. (2009) kywd · cites it 2× “, 2004 WL 2889919 at *4-5 (Former employee who alleged wrongful discharge by his employer in retaliation for bringing OSHA charges before the Kentucky Labor Cabinet had no private right of action arising from the violation of the statute prohibiting retaliatory discharge, KRS §…”
Secretary, Labor Cabinet v. Boston Gear, Inc. (2000) ky · cites it 2× “In determining whether a violation of KRS 338.121 occurred, the Commission correctly utilized the procedure set for in Mt.”
Hines v. Elf Atochem North America, Inc. (1993) kywd “§ 338.121(3)(b), create a public policy exception by prohibiting termination or discrimination against employees who refuse to violate the statutes.”
Terminix International, Inc. v. Secretary of Labor (2002) kyctapp · cites it 6× “This complaint was filed pursuant to KRS 338.121, and it alleged that Terminix ter- *746 initiated his employment in retaliation for his filing a KOSHA complaint.”
Pawley v. Bel Brands USA, Inc. (2019) kywd · cites it 14× “Pawley’s Complaint alleges Bel Brands wrongfully terminated him in violation of the well-defined public policies of the Kentucky Occupational Safety and Health Act (“KOSHA”) in KRS § 338.121. [DN 1 ¶¶ 55–70; DN 23 at 3].”
Breeden v. Exel, Inc. (2021) kywd · cites it 11× “KRS § 338.121 provides the remedy for a KOSHA violation: Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this subsection may, within a reasonable time after such violation occurs, file a complaint with…”
Elliot v. Raython Inc. (2022) kywd · cites it 5× “Faced with this pleading deficiency, rather than confessing error and amending the pleadings to assert a claim under KRS § 338.121, Elliott protested that he was not “require[d]” to “pursue his claim under” § 338.”
Ryan McCoy v. The Ten Ten Group, LLC, D/B/A Wilson's Grocery (2023) kyctapp · cites it 3× “KRS 338.121(1). KOSHA explicitly prohibits an employee’s discharge for filing a -7- complaint or instituting legal proceedings related to the statute.”
Maranda Hanson v. Marshall County Kentucky (2024) kyctapp · cites it 3× “070); and retaliation (KRS 338.121 and KRS 61.102(1)). Appellant withdrew her claims of wrongful discharge in violation of KRS 338.”
Wesley Stover v. Louisville Metro Department of Public Health and Wellness (2023) kyctapp · cites it 2× “2 KRS 338.121 established a cause of action for an employee who suffers discrimination or discharge from employment for requesting an occupational safety and health inspection or filing an action alleging an occupational safety and health violation.”
— Ky. Rev. Stat. § 338.121(1) — 2 cases
Pawley v. Bel Brands USA, Inc. (2019) kywd “Pawley’s Complaint alleges Bel Brands wrongfully terminated him in violation of the well-defined public policies of the Kentucky Occupational Safety and Health Act (“KOSHA”) in KRS § 338.121. [DN 1 ¶¶ 55–70; DN 23 at 3].”
Ryan McCoy v. The Ten Ten Group, LLC, D/B/A Wilson's Grocery (2023) kyctapp “KRS 338.121(1). KOSHA explicitly prohibits an employee’s discharge for filing a -7- complaint or instituting legal proceedings related to the statute.”
— Ky. Rev. Stat. § 338.121(3) — 2 cases
Kentucky Occupational Safety & Health Review Commission v. Estill County Fiscal Court (2016) ky “The Secretary of the Labor Cabinet (the Secretary) issued citations pursuant to KRS 338.121 (3)(b), charging the Fiscal Court with improperly discharging and discriminating against Smith for filing a “complaint” under KRS SSS.”
Pawley v. Bel Brands USA, Inc. (2019) kywd “Pawley’s Complaint alleges Bel Brands wrongfully terminated him in violation of the well-defined public policies of the Kentucky Occupational Safety and Health Act (“KOSHA”) in KRS § 338.121. [DN 1 ¶¶ 55–70; DN 23 at 3].”
— Ky. Rev. Stat. § 338.121(3)(a) — 5 cases
Kentucky Occupational Safety & Health Review Commission v. Estill County Fiscal Court (2016) ky “The Secretary of the Labor Cabinet (the Secretary) issued citations pursuant to KRS 338.121 (3)(b), charging the Fiscal Court with improperly discharging and discriminating against Smith for filing a “complaint” under KRS SSS.”
Secretary, Labor Cabinet v. Boston Gear, Inc. (2000) ky “In determining whether a violation of KRS 338.121 occurred, the Commission correctly utilized the procedure set for in Mt.”
Terminix International, Inc. v. Secretary of Labor (2002) kyctapp “This complaint was filed pursuant to KRS 338.121, and it alleged that Terminix ter- *746 initiated his employment in retaliation for his filing a KOSHA complaint.”
Ryan McCoy v. The Ten Ten Group, LLC, D/B/A Wilson's Grocery (2023) kyctapp “KRS 338.121(1). KOSHA explicitly prohibits an employee’s discharge for filing a -7- complaint or instituting legal proceedings related to the statute.”
Elliot v. Raython Inc. (2022) kywd “Faced with this pleading deficiency, rather than confessing error and amending the pleadings to assert a claim under KRS § 338.121, Elliott protested that he was not “require[d]” to “pursue his claim under” § 338.”
— Ky. Rev. Stat. § 338.121(3)(b) — 5 cases
England v. Advance Stores Co. (2009) kywd “, 2004 WL 2889919 at *4-5 (Former employee who alleged wrongful discharge by his employer in retaliation for bringing OSHA charges before the Kentucky Labor Cabinet had no private right of action arising from the violation of the statute prohibiting retaliatory discharge, KRS §…”
Kentucky Occupational Safety & Health Review Commission v. Estill County Fiscal Court (2016) ky “The Secretary of the Labor Cabinet (the Secretary) issued citations pursuant to KRS 338.121 (3)(b), charging the Fiscal Court with improperly discharging and discriminating against Smith for filing a “complaint” under KRS SSS.”
Hines v. Elf Atochem North America, Inc. (1993) kywd “§ 338.121(3)(b), create a public policy exception by prohibiting termination or discrimination against employees who refuse to violate the statutes.”
Breeden v. Exel, Inc. (2021) kywd “KRS § 338.121 provides the remedy for a KOSHA violation: Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this subsection may, within a reasonable time after such violation occurs, file a complaint with…”
Wesley Stover v. Louisville Metro Department of Public Health and Wellness (2023) kyctapp “2 KRS 338.121 established a cause of action for an employee who suffers discrimination or discharge from employment for requesting an occupational safety and health inspection or filing an action alleging an occupational safety and health violation.”
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