803 KAR 2:319. Commercial diving operations.
RELATES
TO: KRS Chapter 338, 29 C.F.R. Part 1910.401-1910.440
STATUTORY
AUTHORITY: KRS 338.051(3), 338.061
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 338.051(3) requires the Kentucky Occupational
Safety and Health Standards Board to promulgate occupational safety and health
administrative regulations necessary to accomplish the purposes of KRS Chapter
338. This administrative regulation establishes commercial diving operations
standards to be enforced by the Office of Occupational Safety and Health in the
area of general industry.
Section
1. Definitions. (1) "Assistant Secretary of Labor" means the
Commissioner of the Department of Labor, Commonwealth of Kentucky.
(2)
"Employee" is defined in KRS 338.015(2).
(3)
"Employer" is defined in KRS 338.015(1).
(4)
"Standard" is defined in KRS 338.015(3).
Section
2. Except as modified by the definitions in Section 1 and the requirements in Section
3 of this administrative regulation, general industry shall comply with the
following federal regulations published by the Office of the Federal Register,
National Archives and Records Administration:
(1)
29 C.F.R. 1910.401-1910.440, and Appendices, revised July 1, 2011; and
(2)
The amendments to 29 C.F.R. 1910.440 as published in the December 27, 2011
Federal Register, Volume 76, Number 248.
Section
3. Reporting Requirement. An employer required by this administrative
regulation to report information to the United States Department of Labor, or
any subsidiary thereof, shall instead report such information to the Kentucky
Labor Cabinet, U.S. Highway 127 South, Suite 4, Frankfort, Kentucky 40601. (16
Ky.R. 700; eff. 12-15-89; Am. 20 Ky.R. 2700; eff. 5-11-94; 23 Ky.R. 1724; eff.
12-13-96; 31 Ky.R. 1595; 1818; eff. 5-26-05; 33 Ky.R. 3053; 3378; eff. 6-1-07;
TAm eff. 9-8-2011; 38 Ky.R. 104; 10-7-11; TAm. eff. 7-12-12; 38 Ky.R. 2029;
eff. 8-31-2012.)