803 KAR 2:180. Recordkeeping,
reporting, statistics.
RELATES TO: KRS 338.015(1), (2), 338.121(3),
338.161, 29 C.F.R. Part 1904
STATUTORY AUTHORITY: KRS 338.061, 338.161
NECESSITY, FUNCTION, AND CONFORMITY: KRS
338.161(1) requires the Department of Workplace Standards, represented by the commissioner
to promulgate administrative regulations requiring employers to report
occupational safety and health statistics. 29 C.F.R. Part 1904 authorizes
requirements for the recording and reporting of occupational illnesses and
injuries. This administrative regulation establishes recordkeeping and
reporting requirements for employers pursuant to KRS Chapter 338.
Section 1. Definitions. (1)
"Amputation" means an injury in which a portion of the body including
bone tissue is removed.
(2) "Employee" is defined by
KRS 338.015(2).
(3) "Employer" is defined by
KRS 338.015(1).
(4) "Loss of eye" means the
physical removal of an eye from the socket.
(5) "Occupational Safety and Health
Act" means KRS Chapter 338.
(6) "Secretary of Labor" means
the Secretary of the United States Department of Labor or the Secretary of the
Labor Cabinet.
(7) "Section 11(c) of the Act"
means KRS 338.121(3).
Section 2. An employer shall comply with
the following federal regulations published by the Office of the Federal Register,
National Archives and Records Administration, except as modified by the
definitions in Section 1 and the requirements of Section 3 of this administrative
regulation:
(1) 29 C.F.R. Part 1904, effective July
1, 2014; and
(2) Beginning January 1, 2016, the
revisions to 29 C.F.R. Part 1904 as published in the September 18, 2014 Federal
Register, Volume 79, Number 181.
Section 3. Reporting Fatalities,
Amputations, In-Patient Hospitalizations, or Loss of Eye. The reporting
requirements established in this section shall apply in lieu of 29 C.F.R.
1904.39.
(1) An employer shall orally report to
the Kentucky Labor Cabinet, Department of Workplace Standards, Division of Occupational
Safety and Health Compliance, at (502) 564-3070, any work-related incident that
results in the:
(a) Death of any employee; or
(b) Hospitalization of three (3) or more
employees.
(2) The report required pursuant to
subsection (1) of this section shall be made within eight (8) hours from when
the incident is reported to the employer, the employer's agent, or another
employee. If the employer cannot speak with someone in the Frankfort office,
the employer shall report the incident using the OSHA toll-free, central telephone
number, 1-800-321-OSHA (1-800-321-6742).
(3) An employer shall orally report to
the Kentucky Labor Cabinet, Department of Workplace Standards, Division of Occupational
Safety and Health Compliance, at (502) 564-3070, any work-related incident that
results in:
(a) An amputation suffered by an
employee;
(b) An employee’s loss of an eye; or
(c) The hospitalization of fewer than
three (3) employees within seventy-two (72) hours following the incident.
(4) The report required pursuant to
subsection (3) of this section shall be made within seventy-two (72) hours from
when the incident is reported to the employer, the employer's agent, or another
employee.
(5) The requirement to report the loss of
an eye pursuant to subsection (3)(b) of this section shall be effective January
1, 2016. (1 Ky.R. 835; eff. 5-14-75; Am. 5 Ky.R. 144; eff. 10-4-78; 621; eff.
3-7-79; 10 Ky.R. 309; eff. 9-7-83; 21 Ky.R. 105; 926; eff. 9-12-94; 26 Ky.R.
2038; 27 Ky.R. 117; eff. 7-17-2000; 28 Ky.R. 1919; 2206; eff. 4-15-02; 29 Ky.R.
2353; 2689; eff. 5-15-03; 30 Ky.R. 1083; 1508; eff. 1-5-04; 32 Ky.R. 1338; 33
Ky.R. 102; eff. 8-7-06; TAm eff. 8-9-2007; 35 Ky.R. 1287; 1753; eff. 1-5-2009;
TAm eff. 9-8-2011; TAm eff. 7-12-12; 42 Ky.R. 108, 680; eff. 10-2-2015.)
