KRS § 207.200 — KY Code / Title XVII / Chapter 207 / Section 207.200
207.200 Enforcement by Department of Workplace Standards
Status: in_force

207.200 Enforcement by Department of Workplace Standards.

(1) The Kentucky Department of Workplace Standards is authorized to enforce the

employment provisions of KRS 207.130 to 207.240 in conjunction with the State

Attorney General's office and the state and local courts.

(2) Any individual with a disability requesting the intervention of the Kentucky

Department of Workplace Standards under this section shall, within one hundred

and eighty (180) days of the alleged incident, submit with his request a signed,

sworn statement specifying and describing the disability or disabilities which affect

him. This statement may be used by the commissioner of workplace standards or

his representative to determine if the individual does, or does not, have a "physical

disability" as defined in KRS 207.130(2). If the commissioner of workplace

standards or his representative determines that the aggrieved individual does have a

disability which falls under the definition in KRS 207.130(2), the Department of

Workplace Standards shall provide a copy of the aggrieved individual's signed

statement to the employer for his inspection.

(3) In the event the employer wishes to challenge the validity of the statement, he shall

so notify the commissioner of workplace standards, who shall in turn notify the

aggrieved individual. If the aggrieved individual wishes the Department of

Workplace Standards to continue its involvement with the case, he shall be required

to submit to the commissioner of workplace standards, within thirty (30) days of

such notice, a signed, sworn statement from a licensed physician of his choice, or

from one of the state or federal agencies serving individuals with disabilities:

(a) Specifying and describing the disability or disabilities affecting the individual;

and

(b) Indicating any specific type of employment for which such disability should

be considered a bona fide or necessary reason for limitation or exclusion.

(4) (a) The state agencies which may be consulted under subsection (3) of this

section may include but are not limited to the following:

1. Department of Education, Office of Vocational Rehabilitation Services;

2. Cabinet for Health and Family Services, Department for Public Health;

and

3. Education and Labor Cabinet.

(b) The commissioner of workplace standards, in conjunction with the agencies

designated in this subsection, is authorized to adopt appropriate regulations

governing the issuance and setting the standards of determinations of ability

or disability.

(c) The agencies designated in this subsection, and any other state agency which

serves individuals with disabilities and which the commissioner of workplace

standards deems proper, shall cooperate to the fullest with the Department of

Workplace Standards in issuing a statement of disability and limitations as

specified in subsection (3) of this section within twenty (20) days of the date

the individual with a disability presents himself before such agency for

examination.

(5) (a) For the purposes of KRS 207.130 to 207.240, the commissioner of workplace

standards, or his authorized representative, shall have the power to enter the

place of employment of any employer, labor organization, or employment

agency to inspect and copy employment records, to compare character of

work and operations on which persons employed by him are engaged, to

question such persons, and to obtain such other information as is reasonably

necessary to make a preliminary determination that the aggrieved individual

is, or is not, fully capable of carrying out the duties of the job which he or she

had been denied.

(b) In the event that a preliminary determination is made that the aggrieved

individual is not fully capable of carrying out the duties of the job which he or

she had been denied, the aggrieved individual and the employer shall both be

so advised.

(c) The aggrieved individual, within ten (10) days of receiving such notification,

may file with the Department of Workplace Standards an application for

reconsideration of the determination. Upon such application, the

commissioner of workplace standards or his representative shall make a new

determination within ten (10) days whether the aggrieved individual is, or is

not, fully capable of carrying out the duties of the job which he or she had

been denied. If the determination is again made that the aggrieved individual

is not fully capable of carrying out these duties, the aggrieved individual and

the employer shall both be so advised.

(d) In the event that a preliminary determination has been made that the aggrieved

individual is fully capable of carrying out the duties of the job which he or she

had been denied, the employer, labor organization, or employment agency

shall be so advised and encouraged to make an immediate offer to the

aggrieved individual of the position which he or she had been denied. In the

event the position has already been filled, the employer, labor organization, or

employment agency shall be encouraged to make an offer to the aggrieved

individual of the next available position for which he or she is qualified.