Applies to: Employers with Employees in KY
Effective: June 27, 2025
Quick Look
- Two new Kentucky laws make significant changes to the state’s Occupational Safety and Health Act, such as implementing a six-month statute of limitations, adding a de minimis category for minor administrative violations, and removing deference for agency interpretations of the law.
- Emergency regulations implementing these changes are in place, while proposed rules are open to public comment.
DISCUSSION
As of June 27, 2025, Kentucky enacted sweeping changes to its Occupational Safety and Health Act, bringing the state’s workplace safety regulations into closer alignment with federal OSHA standards. These changes, introduced through HB 398 and SB 84, mark a significant shift in how occupational safety is regulated and enforced for private employers operating within the state.
HB 398 revises several key provisions of Kentucky’s safety laws. Among the most notable changes is the introduction of a formal statute of limitations for issuing citations, now set at six months. The bill also introduces a new de minimis category for minor administrative violations that do not directly impact worker safety.
Employers now have the right to recover legal fees if they successfully appeal a citation, and only individuals with personal knowledge of a workplace hazard may report it. Additionally, the law now permits non-employee third parties to accompany inspectors during workplace evaluations, a move intended to enhance the thoroughness of inspections.
SB 84 complements these changes by altering how courts review decisions made by state agencies. Under the new law, courts will apply a “de novo” standard, meaning they will no longer defer to the agency’s interpretation of the law. This change aligns Kentucky with the U.S. Supreme Court’s decision in Loper Bright v. Raimondo, which similarly curtailed agency deference at the federal level.
In response to the new laws, the Kentucky Occupational Safety and Health Standards Board has begun amending and repealing various state-specific regulations to ensure consistency with federal rules. Emergency updates have already been implemented, and public hearings are scheduled to finalize these changes. The Education and Labor Cabinet also revised its Compliance Field Operations Manual and issued six new Program Instructions to clarify the updated requirements and cancel outdated guidance.
ACTION ITEMS
- Review and update internal safety policies.
- Have appropriate personnel trained on revised reporting and inspection procedures.
- Consult with legal counsel on appeals process and judicial review standards.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that OneDigital is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 OneDigital
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