TECHNICAL AMENDMENT

September 8, 2011

 

      803 KAR 2:404. Personal protective and lifesaving equipment.

 

      RELATES TO: KRS 338.051(3), 338.061, 29 C.F.R. 1926.95-1926.107

      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 1926.95 to 1926.107 establish the federal requirements relating to personal protective and lifesaving equipment. This administrative regulation establishes personal protective and lifesaving equipment standards to be enforced by the Division of Occupational Safety and Health Compliance [Office of Occupations Safety and Health] in the construction industry.

 

      Section 1. Definitions. (1) "Assistant Secretary" means Secretary of Labor, Kentucky Labor Cabinet or Commissioner of the Department of Workplace Standards [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 in KRS 338.015(2).

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

      (5) "OSHA" means the Occupational Safety and Health Administration or the Kentucky Division of Occupational Safety and Health [Kentucky Office of Occupational Safety and Health].

 

      Section 2. The construction 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 in Section 1 of this administrative regulation:

      (1) 29 C.F.R. 1926.95 through 29 C.F.R. 1926.107, revised July 1, 2007; and

      (2) The amendment to 29 C.F.R. 1926.95 published in the November 15, 2007 Federal Register, Volume 72, Number 220 (72 Fed. Reg. 64429). (16 Ky.R. 705; eff. 12-15-89; Am. 20 Ky.R. 2707; eff. 5-11-94; 21 Ky.R. 2264; eff. 4-20-95; 22 Ky.R. 1731; eff. 5-16-96; 23 Ky.R. 3941; eff. 7-17-97; 25 Ky.R. 1170; eff. 1-19-99; TAm eff. 8-9-2007; 34 Ky.R. 2047; 2286; eff. 5-2-2008; TAm eff. 9-8-2011.)