Effective June 27, 2025, the safety standards required by Kentucky’s Division of Occupational Safety and Health (“KY OSH”) have been amended to align with the standards imposed by the federal Occupational Safety and Health Administration (“OSHA”).
KY OSH is what is known as a “state plan,” meaning Kentucky adopts and enforces its own safety standards, largely independent of federal OSHA. In the past, Kentucky had adopted and enforced some safety standards that were more stringent than those imposed by federal OSHA. For example, while federal OSHA requires steelworkers to use fall protection at heights of 15 feet or above, KY OSH required fall protection at 10 feet.
However, with the passage of HB 398 in March 2025, Kentucky amended its safety and health regulations to directly align with federal OSHA’s requirements and implementing a number of employer-friendly changes.
Key changes include:
- Implementing a 6-month statute of limitations for KY OSH to issue safety citations;
- Establishing a “de minimis” violation category that does not carry any monetary penalties;
- Reducing the time period during which “repeat” citations may be issued from 5 years to 3 years;
- Enabling employers to recover fees and costs if there is a successful appeal of a KY OSH citation;
- Amending the standard of review for KY OSH citations in state court to a “de novo” standard, eliminating any deference to the agency’s findings;
- Requiring employees to have personal knowledge and to provide specific evidence of a safety hazard or violation before initiating a complaint-based inspection;
- Limiting the employee representatives who may accompany a KY OSH compliance officer during an inspection to only “a qualified representative authorized by the employee”;
- Shortening the timeframe for employees to file a complaint of retaliation from 120 days to 30 days.
While these changes are certainly welcome news to employers in Kentucky, they do not mean that companies can now shirk their safety responsibilities or escape enforcement if a safety violation or a workplace accident occurs.
Please consult with one of Wood + Lamping’s employment attorneys if you have any questions about these important changes or employers’ safety obligations under state and federal law.
