What happened?

On March 27, 2025, the Kentucky General Assembly enacted House Bill 398 (HB 398), significantly impacting Kentucky workplace safety and health regulations. This was possible because the House and Senate each met the simple majority required to override Governor Beshear’s veto.

Overview:

Kentucky HB 398 aligns Kentucky’s workplace safety regulations with federal OSHA standards, reducing the regulatory burden on employers while maintaining employee protections.

Key Amendments and Provisions

1. Alignment with Federal Standards: prohibits the Kentucky Occupational Safety and Health Standards Board and other state officials from adopting or enforcing any occupational safety and health regulations that are more stringent than federal OSHA standards.

2. Appeals Process: Parties adversely affected by a final order of the review commission can appeal to the Franklin Circuit Court within 30 days. The court may award actual expenses, including court costs and attorney’s fees, against the department.

3. Inspection Procedures: Employers can have multiple representatives present during worksite inspections. Inspectors must consult with a reasonable number of employees if no employee representative is available.

4. Employee Protections: Authorized employee representatives can request inspections if they believe there is a violation or imminent danger. Complaints must be in writing, and the grounds for the notice must be specified.

5. Citations and Penalties: Citations must describe the violation and set a reasonable date for correction. Employers can be assessed civil penalties for violations, with specific amounts for willful, repeated, serious, and de minimis violations.

6. Discrimination Protections: Employees are protected from discrimination for filing complaints or participating in occupational safety and health proceedings. Complaints of discrimination must be filed within 30 days, and the commissioner can issue citations and order reinstatement with back pay.

7. Civil Penalties: outlines civil penalties for various violations, including willful, repeated, and serious violations. Penalties range from up to $7,000 for serious violations to up to $70,000 for willful or repeated violations.

8. False Statements and Advance Notice: Penalties are established for making false statements in required documents and giving advance notice of inspections without authorization.

Source References

• KY House Bill (HB) 398

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