Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:122 - Abatement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.141
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman to reference federal standards without board approval if necessary to
				meet federal time requirements.
				KRS
				338.061 authorizes the board to establish,
				modify, or repeal standards and reference federal standards. This
				administrative regulation establishes the form of the application for extension
				of abatement, steps necessary to make application, content of the application,
				form and timing for the ruling of the Commissioner of the Department of
				Workplace Standards on the application, and, appeal available to the parties
				adversely affected by the decision on the application.
Section 1.
(1) "Abatement" means action by an employer
			 to comply with a cited regulation, standard, statute, or order to eliminate a
			 hazard identified by the Division of Occupational Safety and Health
			 Compliance.
(2) "Abatement date"
			 means as established in paragraphs (a) and (b) of this subsection.
(a) For an uncontested citation item,
			 "abatement date" means the later of the date:
1. In the citation for abatement of the
			 violation;
2. Approved by Division
			 of Occupational Safety and Health Compliance or established in litigation as a
			 result of a petition for modification of the abatement date (PMA); or
3. Established in a citation by an informal
			 settlement agreement.
(b) For a contested citation item for which
			 the Kentucky Occupational Safety and Health Review Commission (KOSHRC) has
			 issued a final order affirming the violation, "abatement date" means the later
			 of the date:
1. Identified in the final order
			 for abatement;
2. Computed by
			 adding the period allowed in the citation for abatement to the final order
			 date; or
3. Established by a formal
			 settlement agreement.
(3) "Affected employees" means employees who
			 exposed to a hazard identified as violation in a citation.
(4) "C.F.R." means Code of Federal
			 Regulations.
(5) "Commissioner" is
			 defined by 803
			 KRS
			 338.015(7).
(6) "Compliance officer" means a person
			 authorized by the commissioner to conduct occupational safety and health
			 inspections and investigations.
(7)
			 "Employee" is defined by
			 KRS
			 338.015(2).
(8) "Employer" is defined by
			 KRS
			 338.015(1).
(9) "Final order date" means as established
			 in paragraphs (a) and (b) of this subsection.
(a) For an uncontested citation item, "final
			 order date" means the 15th working day after the employer's receipt of the
			 citation.
(b) For a contested
			 citation item, "final order date" means:
1.
			 The 30th day after the date a decision or order of a commission hearing officer
			 has been docketed with the commission, unless a member of the commission has
			 directed review;
2. If review has
			 been directed, the date the commission issues its decision or order disposing
			 of all or pertinent part of a case; or
3. The date an appeals court issues a
			 decision affirming the violation in a case if a final order of the review
			 commission has been stayed.
(10) "Movable equipment" means a hand held or
			 non-hand held machine or device, powered or unpowered, used to do work and
			 moved within a worksite or between worksites.
(11) "Review commission" is defined by
			 KRS
			 338.015(8).
(12) "Working days" means Monday through
			 Friday and does not include Saturday, Sunday, federal, or state holidays, and
			 the day of receipt of notice.