803 KAR 2:303. Walking-working surfaces.

 

      RELATES TO: KRS 338.051, 338.061, 29

C.F.R. 1910

      STATUTORY AUTHORITY: KRS 338.051(3),

338.061, 29 C.F.R. 1910

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

338.051 and 338.061 authorize the Kentucky Occupational Safety and Health Standards

Board to adopt and promulgate occupational safety and health administrative

regulations. Express authority to incorporate by reference established federal

standards and national consensus standards is also given to the board. The following

administrative regulation contains those standards to be enforced by the Division

of Occupational Safety and Health Compliance in the area of general industry.

 

      Section 1. Definitions. (1)

"Act" means KRS Chapter 338.

      (2) "Assistant Secretary of

Labor" means the Secretary of Labor, Commonwealth of Kentucky.

      (3) "Employee" means any person

employed except those employees excluded in KRS 338.021.

      (4) "Employer" means any entity

for whom a person is employed except those employers excluded in KRS 338.021.

      (5) "Established federal

standard" means any operative occupational safety and health standard

established by any agency of the United States Government.

      (6) "National consensus

standard" means any occupational safety and health standard or modification

thereof which has been adopted and promulgated by a nationally recognized

standards-producing organization.

      (7) "Standard" means a standard

which requires conditions or the adoption or use of one (1) or more practices,

means, methods, operations, or processes, reasonably necessary or appropriate

to provide safe and healthful employment. "Standard" has the same

meaning as and includes the words "regulation" and "rule".

      (8) An employer, required under these

standards to report information to the U.S. Department of Labor, or any

subsidiary thereof, shall instead report such information to the Kentucky Labor

Cabinet, Department of Workplace Standards, U.S. 127 South, Frankfort, Kentucky

40601.

 

      Section 2. Permanent and Temporary Floor

Openings. (1) The language relating to the guarding of permanent and temporary

floor openings in subsection (2) of this subsection shall apply in lieu of 29 C.F.R.1910.23(a)(7);

      (2) 29 C.F.R. 1910.23(a)(7) is amended

to: "Every temporary or permanent floor opening shall have standard

railings, or shall be constantly attended by someone."

 

      Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) The material in subparagraphs 1

through 2 of this paragraph, published by the Office of the Federal Register,

National Archive and Records Services, General Services Administration, revised

as of July 1, 1995, is incorporated by reference:

      1. 29 C.F.R. 1910.21 through 1910.23(a)(6);

and

      2. 29 C.F.R. 1910.23(a)(8) through 29

C.F.R. 1910.32;

      (b) The revisions to 29 C.F.R. 1910.30,

"Other Working Surfaces", as published in the Federal Register,

Volume 61, Number 46, March 7, 1996;

      (c) The removal of 29 C.F.R. 1910.31,

"Sources of Standards", as published in the Federal Register, Volume

61, Number 46, March 7, 1996; and

      (d) The removal of 29 C.F.R. 1910.32,

"Standards of Organizations", as published in the Federal Register,

Volume 61, Number 46, March 7, 1996.

      (2) The language relating to the guarding

of floor openings in Section 2(2) of this administrative regulation shall apply

in lieu of 29 C.F.R. 1910.23(a)(7).

      (3) This material may be inspected,

obtained, and copied at: Kentucky Labor Cabinet, Division of Occupational

Safety and Health Education and Training, U.S. 127 South, Frankfort, Kentucky

40601. Office hours are 8 a.m. - 4:30 p.m. (ET), Monday through Friday. (16

Ky.R. 685; eff. 12-15-1989; Am. 17 Ky.R. 1842; eff. 1-6-1991; 23 Ky.R. 1692;

eff. 12-13-1996; TAm eff. 8-9-2007; TAm. eff. 9-8-2011; TAm. eff. 8-16-2013.)