803 KAR 2:062.

Employers' responsibility where employees are exposed to toxic substances.

 

      RELATES TO: KRS

Chapter 338

      STATUTORY

AUTHORITY: KRS Chapter 13A

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 338.051 authorizes the Kentucky Occupational

Safety and Health Standards Board to adopt and promulgate occupational safety

and health rules, administrative regulations, and standards. The purpose and

function of the following administrative regulation is to provide that all

employers monitor areas and maintain accurate records of such monitoring where

their employees are exposed to potentially toxic substances and to make

available to those employees the records of such monitoring.

 

      Section 1.

General Requirements. (1) Employers shall monitor areas where employees are

exposed to potentially toxic substances or harmful physical agents which are

required to be monitored or measured pursuant to those standards as adopted by

the Kentucky Occupational Safety and Health Standards Board.

      (2) Employers

shall provide employees or their representatives an opportunity to observe such

monitoring or measuring.

      (3) Each

employer shall promptly notify any employee or employees who have been or are

being exposed to toxic materials or harmful physical agents in concentrations or

at levels which exceed those prescribed by those applicable occupational safety

and health standards adopted by the Kentucky Occupational Safety and Health

Standards Board. Where pursuant to those applicable occupational safety and

health standards adopted and promulgated by the Kentucky Occupational Safety

and Health Standards Board it is required that exposure to certain toxic

substances or agents be limited or prohibited, each employer shall notify his

employees who are subject to such exposure, inform them of the corrective

action required, if any, and notify them when such action has been taken.

      (4) Each

employer shall make and maintain records of all monitoring activity required by

this administrative regulation and make appropriate provisions whereby each

employee, former employee or a representative of either may have access to such

records which will indicate the levels to which the particular employee or

former employee has been exposed. Said person shall also be permitted to copy

those records pertaining to his exposure levels or the exposure levels of the

employee or former employee he is representing. (3 Ky.R. 275; eff. 10-6-76.)