TECHNICAL AMENDMENT

September 8, 2011

      803 KAR 2:318. Electrical.

      RELATES TO: KRS 338.051, 338.061, 29 C.F.R. 1910.301-1910.399

      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. 29 C.F.R. 1910.301-1910.399 establishes the federal requirements relating to electrical safety. This administrative regulation establishes electrical safety standards to be enforced by the Division of Occupational Safety and Health Compliance [Office of Occupational Safety and Health] in general industry.

      Section 1. Definitions. (1) "Assistant Secretary" means Secretary, Labor Cabinet or Commissioner of the Department of Workplace Standards, Labor Cabinet [Commissioner of Labor, Kentucky Department of Labor or Executive Director, Office of Occupational Safety and Health, Kentucky Department of Labor].

      (2) "C.F.R." means Code of Federal Regulations.

      (3) "Employee" is defined by KRS 338.015(2).

      (4) "Employer" is defined by KRS 338.015(1).

      Section 2. (1) General industry shall comply with the following federal regulations published by the Office of the Federal Register, National Archives and Records Services, General Services Administration, except as modified by the definitions established in Section 1 and the requirements in Section 3 of this administrative regulation:

      (a) 29 C.F.R. 1910.301 through 29 C.F.R. 1910.399, and Appendices, revised July 1, 2010.

      (2) The term "may not" as used in the federal regulations shall be considered a prohibition.

      Section 3. (1) 29 C.F.R. 1910.333(b)(2)(iii)(C) is amended to read as follows: "If a lock cannot be applied, tagging procedures shall provide a level of safety equivalent to that obtained by the use of a lock, as outlined in paragraph (b)(2)(iii)(D)." (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; 37 Ky.R. 1053; eff.1-3-2011; TAm eff. 9-8-2011.)