HB 398 Kentucky House · 2025 Regular Session

AN ACT relating to occupational safety and health.

Summary
Amend KRS 338.015 to define "qualified representative"; amend KRS 338.062 to prohibit the Kentucky Occupational Safety and Health Standards Board or the secretary of the Education Labor Cabinet from enforcing any occupational safety and health administrative regulation that has not been promulgated by or that is more stringent than the corresponding federal provision; amend KRS 338.091 to allow the Franklin Circuit Court to award actual expenses against the Department of Workplace Standards; amend KRS 338.111 to allow an employee's representative be present during an inspection; to allow the commissioner's representative to consult with employees if there is no employee representative available; amend KRS 338.121 to allow only current employees or qualified representatives of current employees to request an inspection; require that the alleged violation date be included in the notice and the employee's representative be notified; create time limits for filing a complaint and issuing a citation; amend KRS 338.141 to require that each citation include reference to the provision of the rule or regulation violated; require a citation or notice for any de minimus violation be issued promptly after inspection; prohibit issuance of a citation more than six months after the violation; require the correction time period be tolled until conclusion of the action.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Feb 6, 2025 Signed Mar 27, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Current/Final · 6 edits
MODERATE
This bill fundamentally changes Kentucky's occupational safety and health laws by removing the state's ability to create stricter workplace safety rules than federal standards and clarifying inspection and complaint procedures for employees.
Scope change
The bill limits the state Occupational Safety and Health Standards Board and secretary from adopting or enforcing regulations that are more stringent than federal OSHA standards, effectively aligning state authority with federal minimum standards.
REQUIREMENT

Removed the state's authority to adopt, promulgate, or enforce occupational safety and health administrative regulations that are more stringent than federal OSHA standards.

Changed appeal procedures for review commission orders, allowing appeals to Franklin Circuit Court within 30 days.

DEFINITION

Changed the section number for the definition of occupational safety standards from KRS 338.015 to KRS 338.062.

ENFORCEMENT

Added provisions allowing employees to request workplace inspections by providing written notice of violations or imminent dangers to the commissioner.

Modified inspection procedures to allow both employer and employee representatives to accompany the commissioner during workplace inspections.

Added anti-retaliation protections for employees who file complaints or testify in proceedings related to workplace safety violations.

Floor votes · House Feb 26, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
45
Key actions
15
Committee
12
Amendments
1
Mar 27, 2025
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 27, 2025
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 27, 2025
Lower · Passed
passed 29-9
lower
Mar 27, 2025
Vetoed
posted for passage for consideration of Governor's veto
lower
Mar 27, 2025
Committee
to Rules (S)
upper
Mar 27, 2025
Lower · Passed
passed 78-22
lower
Mar 27, 2025
Vetoed
veto overridden
lower
Mar 27, 2025
Vetoed
posted for consideration of Governor's veto
lower
Mar 27, 2025
Committee
to Rules (H)
lower
Mar 24, 2025
Vetoed
Vetoed
lower
Mar 13, 2025
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 13, 2025
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 13, 2025
Lower · Passed
passed 70-20
lower
Mar 13, 2025
Lower · Passed
House concurred in Senate Committee Substitute (1)
lower
Mar 13, 2025
Lower · Passed
posted for passage for concurrence in Senate Committee Substitute (1)
lower
Mar 13, 2025
Committee
to Rules (H)
lower
Mar 13, 2025
Lower · Passed
3rd reading, passed 28-9 with Committee Substitute (1)
lower
Mar 13, 2025
Lower · Passed
reported favorably, to Rules with Committee Substitute (1)
lower
Mar 4, 2025
Committee
to Licensing & Occupations (S)
upper
Feb 27, 2025
Committee
to Committee on Committees (S)
upper
Feb 26, 2025
Lower · Passed
passed 62-33 with Committee Substitute (1) and Floor Amendment (1)
lower
Feb 25, 2025
Lower · Passed
floor amendments (2), (3) and (4) filed to Committee Substitute , floor amendment (5) filed to bill
lower
Feb 21, 2025
Introduced
floor amendment (1) filed to Committee Substitute
lower
Feb 20, 2025
Lower · Passed
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
lower
Feb 12, 2025
Committee
to Economic Development & Workforce Investment (H)
lower
Feb 6, 2025
Committee
to Committee on Committees (H)
lower
Feb 6, 2025
Introduced
introduced in House
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.