TECHNICAL AMENDMENT
September 8, 2011
803 KAR 2:140. Employer and employee contests.
RELATES TO: KRS Chapter 338
STATUTORY AUTHORITY: KRS Chapter 13A
NECESSITY, FUNCTION, AND CONFORMITY:
Pursuant to the authority granted the Kentucky Occupational Safety and Health
Standards Board by KRS 338.051, the following rules and administrative
regulations are adopted, governing the employer and employee contests before
the review commission. The function of this administrative regulation is to
inform the employer and employees of the proper procedure to be followed in
contesting a citation and/or penalty issued by the Commissioner of the
Department of Workplace Standards [Executive Director, Office of
Occupational Safety and Health].
Section 1. Contesting Procedure. (1)
Any employer to whom a citation or notice or penalty has been issued may, under
KRS Chapter notify the Commissioner of the Department of Workplace Standards
[Executive Director, Office of Occupational Safety and Health] in writing
that he intends to contest such citation, or notice of proposed penalty before
the review commission. Such notice of intention to contest shall be postmarked
within fifteen (15) working days of the receipt by the employer of the notice
of proposed penalty. Every notice of intention to contest shall specify whether
it is directed to the citation, the proposed penalty, or a variance. The commissioner
[executive director] shall immediately transmit such notice to the
review commission in accordance with the rules of procedure prescribed by the
commission.
(2) Any employee or representative of employees of an employer to whom a citation has been issued may:
(a) File a written notice with the commissioner
[executive director] alleging that the period of time fixed in the citation
for the abatement of the violation is unreasonable;
(b) File a written notice to the commissioner
[executive director] alleging that the citation and penalties are
unreasonable. Such notices shall be postmarked within fifteen (15) working days
of the receipt by the employer of the notice of proposed penalty or notice that
no penalty is being proposed. The commissioner [executive director]
shall immediately transmit such notice to the review commission in accordance
with the rules of procedure prescribed by the commission.
(3) If any party is adversely affected by a variance issued under KRS 338.151 he may file an appeal to the review commission. (OSH 114-1; 1 Ky.R. 162; eff. 12-11-74; TAm eff. 8-9-2007; TAm eff.9-8-2011.)