803 KAR 2:062.
Employers' responsibility where employees are exposed to toxic substances.
RELATES TO: KRS
AUTHORITY: KRS Chapter 13A
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.
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.
shall provide employees or their representatives an opportunity to observe such
monitoring or measuring.
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.
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.)