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KRS 338.061

Occupational safety and health standards -- Suspension, delay, or alteration in enforcement of administrative regulation

Applied in 5 court decisions — leading case Hargis v. Baize (2005)

Most recently applied in Secretary of Labor v. United Parcel Service, Inc. (February 2017)

Effective: March 8, 2018 History: Amended 2018 Ky

How often courts cite this section

1983199020002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Occupational safety and health standards may be adopted, modified, or repealed by the board through the administrative regulation process of KRS Chapter 13A as it shall deem necessary, except the secretary may through an administrative order suspend, delay, or alter enforcement of a promulgated occupational safety and health administrative regulation if the federal government has suspended, delayed, or enjoined the corresponding federal regulation or suspended, delayed, enjoined, or altered the enforcement thereof. Any action taken by the secretary to suspend, delay, or alter the enforcement of an occupational safety and health administrative regulation pursuant to this subsection shall be consistent with those taken by the federal government, except that the secretary may enforce an administrative regulation or standard which immediately preceded the administrative regulation whose enforcement is amended, delayed, or altered.

(2) Established federal standards and national consensus standards may be adopted by reference.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.