OSHA Penalties by State
OSHA Penalties in Kentucky (2026)
Kentucky runs an OSHA-approved State Plan administered by Kentucky Occupational Safety and Health (KY OSH), covering private-sector employers. In 2026, a serious violation carries up to $7,000 and a willful or repeat violation up to $70,000 under the state's own maximums.
Verified vs OSHA sources · 2026-10-05
Kentucky is an OSHA-approved State Plan covering both private and public employers. Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums. A serious violation carries up to $7,000 and a willful or repeat violation up to $70,000 per violation in 2026.
29 CFR 1903.15state statute2026 amounts unchanged from 2025, with no inflation increase.
Is Kentucky federal OSHA or a state plan?
Kentucky runs a full OSHA-approved state plan covering private and public employers, administered by Kentucky Occupational Safety and Health (KY OSH).
Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums.
29 CFR 190229 approved state plans
Compare all 29 plans, their agencies and their penalty caps on the OSHA State Plans hub. How the Kentucky plan works, its own standards and its HazCom rule: Kentucky State Plan guide.
Whose HazCom rule applies in Kentucky?
Kentucky takes the federal hazard communication text. It is one of 12 full State Plans that do, out of 22.
Kentucky brings hazard communication in through undated references (all of 29 CFR Subpart Z for general industry, and the 1926.50–1926.66 range for construction) rather than through the dated Federal Register notices it names for other standards.
Rule: 803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction)
Kentucky picks up hazard communication through an undated reference, and the dated Federal Register notices it names are for other standards. General industry: 803 KAR 2:320 Section 6 says "general industry shall comply with 29 C.F.R. Subpart Z, Toxic and Hazardous Substances, published by the Office of the Federal Register, National Archives and Records Administration": no date, no edition; that chapter was last amended effective 7-1-2025. Construction: 803 KAR 2:403 Section 2(1) adopts "29 C.F.R. 1926.50 through 1926.66", a range that contains 1926.59, the construction hazard communication section; that chapter was last amended effective 11-10-2022. Where Kentucky does name a notice it is for a different standard: 1926.55 (January 9, 2017), and 1926.50, 1926.55 and 1926.64 (May 14, 2019). Neither HazCom chapter names a notice for 1910.1200 or 1926.59, so nothing in Kentucky's text names the January 15, 2026 federal extension.
Adoption verified 2026-08-07 against OSHA’s state-plan record. HCS 2024 deadlines by state plan.
Kentucky Penalty Rates (2026)
Per-violation civil penalties. Kentucky sets its own maximums (see note below). KRS 338.991State-set figures, effective KRS 338.991, current through the 2025 Regular Session (read 2026-09-15).
Serious Violation
$7,000
per violation (max)
Willful / Repeat
$70,000
per violation (max)
Failure to Abate
$7,000
per day
Kentucky sets its own penalty maximums. Kentucky (KRS 338.991) sets its own maximums below the federal amounts: serious up to $7,000; willful/repeat up to $70,000. KY OSH cannot propose a penalty above these statutory caps.
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | State schedule | $7,000 | KRS 338.991 |
| Other-Than-Serious | $0 | $7,000 | KRS 338.991 |
| Willful | $5,000 | $70,000 | KRS 338.991 |
| Repeated | State schedule | $70,000 | KRS 338.991 |
| Failure to Abate | None | $7,000 / day | KRS 338.991 |
Kentucky sets these maximums by state law; reductions for size, good faith and history follow the state agency’s own penalty policy, not the federal manual.
Kentucky Construction Enforcement (FY2025)
OSHA · FY2025Construction (NAICS 23) enforcement by Kentucky Occupational Safety and Health (KY OSH) for October 1, 2024 – September 30, 2025.
563
Construction citations
177
Inspections with citations
$1,687,340
Penalties (current amounts)
Source: OSHA Frequently Cited Standards, NAICS 23 (Kentucky, FY2025).
Work fatality rates in Kentucky, 2024
3.7
fatal injuries per 100,000 full-time workers, all industries
7.6
per 100,000 full-time workers in construction, 31st highest of the 40 states BLS published
Source: BLS Census of Fatal Occupational Injuries: fatal injury rates by state of incident and industry, all ownerships, 2024 . BLS computes state rates with CPS and LAUS data; they rank states against each other and are not compared here with the national hours-based rate.
Help and oversight in Kentucky
Free, confidential help: OSHA On-Site Consultation
In Kentucky, the program is OSH Education and Training (Kentucky Labor Cabinet - Kentucky OSH Program). OSHA describes it as “Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs.” It is separate from OSHA enforcement; the employer commits to correcting serious hazards.
Read on osha.gov and the state's official statute site, September 26, 2026.
Kentucky OSHA Profile
- •Who enforces private construction: Kentucky Occupational Safety and Health (KY OSH) (State Plan).
- •Maximum penalties: $7,000 serious / $70,000 willful-repeat (state-set), $7,000/dayfailure-to-abate.
- •To contest: Kentucky Occupational Safety and Health (KY OSH) runs its own contest and review process under state law; the deadline is on the citation.
- •FY2025 enforcement: 563 construction citations across 177 inspections ($1,687,340 in penalties).
Frequently-Cited OSHA Standards & Kentucky Guides
Frequently-cited OSHA construction standards, each with a guide specific to Kentucky (penalties, common violations, checklist).Where shown, citation counts are federal OSHA construction totals, national, FY2025. Kentucky Occupational Safety and Health (KY OSH) enforces its own equivalent requirements in Kentucky.
- Fall Protection29 CFR 1926.5016,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.1200698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.10532,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.4512,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.134
- Lockout/Tagout (LOTO)29 CFR 1910.147
- Forklifts29 CFR 1910.178
- Stairways (Construction)29 CFR 1926.1052
- PPE General Requirements29 CFR 1910.132
- Confined Spaces29 CFR 1910.146
Construction trades inspected most in Kentucky
Inspections of construction employers opened in Kentucky from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 287 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 238160 Roofing Contractors | 79 | 27.5% |
| 236220 Commercial and Institutional Building Construction | 44 | 15.3% |
| 237310 Highway, Street, and Bridge Construction | 16 | 5.6% |
| 237110 Water and Sewer Line and Related Structures Construction | 15 | 5.2% |
| 238130 Framing Contractors | 15 | 5.2% |
HazComFast count from the Labor Department's OSHA enforcement data: inspections of construction employers (NAICS 23) opened from October 1, 2024 to September 30, 2025, federal OSHA and State Plan combined, grouped by the inspected employer's 2022 NAICS industry. data.dol.gov · NAICS 2022, sector 23
FAQ: OSHA in Kentucky
▸Is Kentucky a federal OSHA or state-plan state?
Kentucky is an OSHA-approved State Plan covering both private and public employers. Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums.
▸What are the maximum OSHA penalties in Kentucky in 2026?
Kentucky sets its own maximums: Kentucky (KRS 338.991) sets its own maximums below the federal amounts: serious up to $7,000; willful/repeat up to $70,000. KY OSH cannot propose a penalty above these statutory caps. Serious violations carry up to $7,000 each (other-than-serious the same), and Willful or Repeat violations up to $70,000 each. Failure-to-Abate runs up to $7,000 per day. These 2026 amounts are unchanged from 2025 (no inflation adjustment).
▸Does Kentucky have its own OSHA plan?
Yes. Kentucky operates a full state plan administered by Kentucky Occupational Safety and Health (KY OSH), covering both private and public employers. State plans must be "at least as effective" as federal OSHA and may set higher penalties.
▸How many OSHA construction citations does Kentucky see?
In FY2025 (October 1, 2024 – September 30, 2025), OSHA construction inspections in Kentucky produced 563 citations across 177 inspections, with $1,687,340 in penalties at current amounts (OSHA Frequently Cited Standards, NAICS 23, Construction). Because Kentucky runs its own State Plan, these are the state agency's own figures.
▸Did OSHA penalties go up in 2026 in Kentucky?
No. The 2026 federal maximums are unchanged from 2025 because the required CPI adjustment was not published (OMB Memo M-26-11), so the 2025 amounts carry forward unchanged. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these figures. Kentucky's state-set maximums are tracked separately by Kentucky Occupational Safety and Health (KY OSH). Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in Kentucky construction?
Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1926.501 most often in Kentucky construction in FY2025, 86 times (OSHA Frequently Cited Standards). Nationally, federal OSHA cited fall protection (29 CFR 1926.501) most often in construction in FY2025, 6,772 times (OSHA Frequently Cited Standards).
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Sources & verification
- OSHA Penalties (osha.gov/penalties)
- OSHA State Plans (osha.gov/stateplans)
- 2026 Annual Adjustments to OSHA Civil Penalties
Penalty amounts and plan status were checked against OSHA sources on 2026-10-05. This page is general information, not legal advice. State plans set their own amounts and procedures; confirm current figures with Kentucky Occupational Safety and Health (KY OSH) before relying on them.
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Serious violation, Kentucky
$7,000
per violation (max)
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