In 2021, the Republican-led legislature passed a law to prevent the state from implementing workplace safety rules that are stricter than the federal guidelines. Although this action was resisted by Governor Andy Beshear, the veto was overruled. The current bill now takes it a step further, preventing Kentucky from establishing its own protections and limiting the Kentucky Department of Workplace Standards, which is the department responsible for monitoring most private employers.
What the Bill Does
The current bill limits the state’s ability to create its own protections and alter workers’ rights to have safety and health problems addressed.
State Representative Walker Thomas introduced the bill, explaining that it is “[t]o keep our businesses and attract new economic opportunities, legislators must follow through on the progress they have made in past sessions to ensure worker safety while also creating fair and more transparent rules for employers.”
However, the Secretary of the Kentucky Education and Labor Cabinet, Jamie Link, sent a letter to the committee to share his own concerns about the bill.
“Kentucky’s workforce and industries, including tourism, would lose protections and guidance in areas such as high voltage electrical lines, bulk hazardous liquid unloading, and employee exposures to hazardous materials protections should state-specific Occupational Safety and Health regulations be revoked,” Link wrote.
The bill seeks to limit the authority of the Kentucky Department of Workplace Standards, aligning more closely with federal OSHA standards.
Provision of Kentucky House Bill 398:
- Limiting State Regulations: Kentucky cannot adopt stricter workplace safety rules than federal law, and state officials cannot enforce existing state standards that exceed federal OSHA requirements.
- Investigation Requests: Only current employees or "qualified representatives" with technical knowledge can request safety investigations, excluding former employees or families of deceased workers.
- Investigation Requests Requirements: Requests must include the date of the alleged violation.
- Whistleblower Protections: Workers alleging wrongful termination for reporting violations must file claims within 30 days, and the department must rule within six months. Damages are limited to rehiring with back pay.
- Employer Presence During Inspections: Employers must be allowed to accompany state officials during workplace safety inspections.
- De Minimis Violations: Minor violations, with no immediate safety or health risk, would not carry penalties and would need to be cited within six months.
- Appeals and Financial Awards: Businesses winning an appeal of a safety citation in court can request compensation for legal expenses from the state.
Kentucky's workforce may face challenges if House Bill 398 becomes law. The bill shifts the focus toward aligning workplace regulations with federal standards, which could impact the level of safety protections for workers in industries such as tourism, agriculture, and manufacturing. While the bill aims to create a more "business-friendly" environment, some concerns have been raised about its potential effects on worker protection and the enforcement of safety regulations.
As the bill moves through the legislative process, discussions surrounding worker safety are expected to continue. It is important to stay informed, as the outcome could have long-term implications for the state’s workforce and business environment.
Lockaby PLLC will continue to monitor the bill and provide updates along the way. If you have any questions about how this may affect you or your business, please reach out to us today!
