803 KAR 2:180. Recordkeeping, reporting, statistics

Link to law: http://www.lrc.ky.gov/kar/803/002/180.htm
Published: 2015

      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.)
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