Kentucky — Workplace Safety

Kentucky Revised Statutes authorize the Kentucky Occupational Safety and Health Standards Board to adopt, modify, or repeal occupational safety and health standards under KRS 338.051 and 338.061. As an OSHA-approved state plan, Kentucky's standards must be "at least as effective as" the federal OSHA program under Section 18 of the Occupational Safety and Health Act of 1970. Historically, Kentucky OSH adopted federal OSHA standards (codified in 29 C.F.R. Parts 1910, 1926, and related parts) with some state-specific additions and more stringent provisions.

Effective June 27, 2025, House Bill 398 significantly amended KRS 338.062 to prohibit Kentucky from adopting, promulgating, or enforcing any occupational safety and health regulation that federal OSHA or the U.S. Department of Labor has not promulgated, or that is more stringent than the corresponding federal provision. The amended statute provides: "The Kentucky Occupational Safety and Health Standards board, the secretary, the secretary's designee, the commissioner, and the commissioner's authorized representative shall not adopt, promulgate, or enforce any occupational safety and health administrative regulation that the Occupational Safety and Health Administration or the United States Department of Labor has not promulgated, or that is more stringent than the corresponding federal provision enforced by the United States Department of Labor under the Occupational Safety and Health Act of 1970."

This legislative change substantively aligned Kentucky's state plan with federal OSHA standards, eliminating Kentucky-specific standards that had been more protective than federal requirements. For example, before HB 398, Kentucky required fall protection at 10 feet for steelworkers in construction, whereas federal OSHA requires fall protection at 15 feet under 29 C.F.R. § 1926.501(b)(1); Kentucky's more stringent threshold was repealed as a result of the statute.

The statute contains a carve-out for public-sector employees: "Whereas the Occupational Safety and Health Act of 1970 does not apply to public employees, the cabinet shall retain the authority to promulgate and enforce" standards for state and local government workers. Federal OSHA does not cover state and local government employees, so Kentucky OSH retains authority over this segment of the workforce and may adopt standards specific to public-sector workplaces.

Following HB 398's enactment, the Kentucky Occupational Safety and Health Standards Board convened on June 26, 2025, and adopted emergency amendments to Kentucky Administrative Regulations (803 KAR Chapter 2) to conform with the new statutory restriction. These emergency amendments removed Kentucky-specific definitions and requirements in regulations governing recordkeeping (803 KAR 2:181), medical services and first aid (803 KAR 2:310), and other areas, bringing Kentucky into direct alignment with the corresponding federal standards in 29 C.F.R. Parts 1904, 1910, and 1926.

Kentucky OSH standards now consist of three categories: (1) state-specific standards unique to Kentucky (limited to those permissible under the amended KRS 338.062, primarily for public employees); (2) federal OSHA standards incorporated by reference with Kentucky-specific administrative provisions (e.g., substituting "commissioner" for "assistant secretary"); and (3) federal OSHA standards incorporated by reference without change. Practitioners should consult both the Kentucky Administrative Regulations at 803 KAR Chapter 2 and the parallel federal OSHA standards in 29 C.F.R. Parts 1910 (general industry), 1926 (construction), and 1904 (recordkeeping). The Kentucky Education and Labor Cabinet publishes an unofficial compilation of Kentucky-specific standards to assist employers in identifying areas where state language differs administratively from federal OSHA.

Kentucky retains its state plan status as of May 2026, subject to ongoing federal OSHA monitoring under Section 18(f) of the OSH Act. Federal OSHA retains authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act; if federal OSHA resumes direct enforcement in Kentucky (a rare occurrence), federal standards will apply. Federal OSHA also retains concurrent jurisdiction to investigate private-sector workplace retaliation complaints under Section 11(c) of the OSH Act, 29 U.S.C. § 660(c), though Kentucky OSH also investigates analogous retaliation complaints under KRS 338.121.

Source: KRS 338.062; KRS 338.051; KRS 338.061; HB 398 (2025 Regular Session); Kentucky State Plan summary (OSHA); 803 KAR 2:050

Kentucky — Workplace Safety

Kentucky OSHA state plan — coverage and authority

Kentucky adoption of federal OSHA standards — HB 398 alignment effective June 27, 2025