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KRS 338.071

Kentucky Occupational Safety and Health Review Commission -- Membership -- Terms -- Quorum -- Hearings -- Regulations -- Compensation -- Employees

Applied in 4 court decisions — leading case Kentucky Labor Cabinet v. Graham (2001)

Most recently applied in Elliot Electric/Kentucky, Inc. v. Kentucky Occupational Safety & Health Review Commission (September 2010)

History: Amended 2022 Ky

How often courts cite this section

1976198019902000201010
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) There is hereby established the Kentucky Occupational Safety and Health Review Commission consisting of three (3) members appointed by the Governor on the basis of their experience and competence in the fields of occupational safety and health. The members selected shall be qualified to represent the interest of employers, employees, and the occupational safety and health profession with a minimum of five (5) years experience in their respective fields.

(2) Members of the review commission shall serve terms of four (4) years and until their successors are appointed.

(3) The review commission shall hold monthly meetings and additional meetings as deemed necessary. A majority of the review commission constitutes a quorum for the transaction of business. Special meetings of the review commission may be called upon reasonable notice by the commissioner or by any two (2) members of the commission.

(4) The review commission shall hear and rule on appeals from citations, notifications, and variances issued under the provisions of this chapter and adopt and promulgate rules and regulations with respect to the procedural aspect of its hearings.

(5) The review commission shall have the authority to employ a secretary, hearing officers, and other employees as may become necessary.

(6) The chairman of the commission and each of the other two (2) members shall be paid a salary fixed under KRS 64.640.

(7) The secretary of the commission shall be paid a salary to be fixed by the commission, with the approval of the Governor. The commission shall fix the compensation of all its other employees.

(8) The commissioners and the secretary and employees of the commission are entitled to all necessary expenses incurred in traveling on business of the commission.

(9) The commission shall be attached to the Education and Labor Cabinet for administrative purposes only. Effective:July 1, 2022

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