Kentucky lawmakers are taking steps to ensure the Commonwealth remains competitive with other states while maintaining workplace safety. House Bill 398, which passed in the House Wednesday 62-33, aims to align Kentucky’s occupational safety and health regulations with federal Occupational Safety and Health Administration’s (OSHA) standards, increasing regulatory clarity while preserving worker protections.
Kentucky is one of 22 states with its own state-managed occupational safety and health program, known as a “state plan.” This program operates alongside federal OSHA regulations and often imposes more stringent regulations than those the federal government sets. Twenty-nine states, including Indiana, Ohio, West Virginia, and Missouri, comply with federal regulations and do not impose a patchwork of state-specific rules.
In 2021, the Kentucky General Assembly passed House Bill 475, taking an initial step toward restricting regulations that exceed federal OSHA standards.
“To keep businesses and attract new economic opportunities, the legislature must follow through on the progress they have made in past sessions to ensure workers’ safety while also creating fair and more transparent rules for employers,” said bill sponsor Rep. Walker Thomas on the House floor Wednesday.
House Bill 398 builds on this effort by ensuring Kentucky’s regulations align with federal standards, reducing bureaucratic hurdles for industries like manufacturing and construction that face extensive regulatory requirements.
Specifically, this bill would:
- Prohibit Overregulation: Prevent the enforcement of any regulation stricter than federal OSHA requirements, ensuring businesses are not subject to conflicting rules.
- Reduce Frivolous Claims: Require supporting evidence for claims before an inspection is conducted, helping to prevent unnecessary investigations.
- Streamline Inspections: Clarify who may participate in workplace inspections to ensure a more efficient process.
- Define Complaint Timeframes: Establish clear timelines for filing and resolving complaints to limit disruptions to business operations.
- Introduce Minor Citations: Authorize the use of a “de minimis” classification for citations that do not directly impact workplace health or safety.
Additionally, research indicates that states following federal OSHA standards tend to have lower workplace injuries and illness rates, reinforcing the idea that safety and regulatory efficiency can go hand in hand.