UPDATED: On Thursday of the 2025 legislative session, House Bill 398 saw final passage. The House voted 78-22, and the Senate voted 29-9 to override Governor Andy Beshear’s veto.
The measure, sponsored by Rep. Walker Thomas, passed a Senate vote with a committee substitute earlier Thursday 28-9. The House concurred on the bill 70-20.
The bill maintains workplace health and safety measures while increasing the Commonwealth’s competitiveness by aligning Kentucky’s occupational health and safety regulations with federal rules outlined by the Occupational Health and Safety Administration (OSHA).
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. With House Bill 398’s passage, Kentucky joins 30 states, including Indiana, Ohio, West Virginia, and Missouri, that comply with federal regulations and do not impose a patchwork of state-specific rules.
The legislature acted in 2021 with House Bill 475 to restrict regulations that exceed federal OSHA standards. House Bill 398 builds upon that by reducing burdens on small businesses and businesses operating in several states while continuing to maintain worker protections.
Provisions of this bill include:
- Requires Kentucky to adhere to OSHA regulations and not be more stringent than federal rules.
- Ensures the state finalizes the outcome of a complaint and any related discrimination complaints within a specified, not subjective, timeframe that aligns with federal requirements.
- Protects employers’ existing rights, including their right to have their day in court without court and legal fees being a deterrent.
- Authorizes the state to issue a de minimis violation when there is no direct or immediate correlation to safety and health, such as missing a paperwork deadline.
The bill does not overhaul Kentucky’s Occupational Health and Safety program and maintains the state office for occupational safety and health meaning state employees will continue to enforce occupational safety and health regulations.