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Kentucky OSHA State Plan (Kentucky OSH): what a contractor needs to know
Kentucky Occupational Safety and Health (Kentucky OSH) is part of the Kentucky Education and Labor Cabinet's Department of Workplace Standards in Frankfort. The Kentucky State Plan covers private-sector workplaces in the state, with 6 exceptions OSHA lists, and state and local government employers. OSHA first approved it on July 31, 1973 (38 FR 20324) and gave it final approval under section 18(e) on June 13, 1985 (50 FR 24896). Hazard communication: 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.
Verified against OSHA's page for the Kentucky State Plan · October 1, 2026
At a glance
Agency
Kentucky Occupational Safety and Health (Kentucky OSH) is part of the Kentucky Education and Labor Cabinet's Department of Workplace Standards in Frankfort.
Initial Approval
July 31, 1973 (38 FR 20324)
State Plan Certification
February 8, 1980 (45 FR 8596, 8598)
18(e) Final Approval
June 13, 1985 (50 FR 24896)
Who it covers
Private-sector workplaces with 6 listed exceptions, plus state and local government employers
29 CFR 1952.11Standards of its own
26 unique standards on OSHA's list
Hazard communication
803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction)
Construction citations, FY2025
563 citations in 177 inspections
Who the Kentucky OSH plan covers
The Kentucky State Plan applies to all private sector workplaces in the state with the exception of:
- Maritime employment, including shipyard employment, marine terminals, and longshoring;
- Employment at Tennessee Valley Authority facilities, military bases, and other properties ceded to the federal government;
- Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
- The enforcement of the field sanitation standard (29 CFR 1928.110) and the enforcement of the temporary labor camps standard (29 CFR 1910.142) with respect to any agricultural establishment where workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3) – regardless of the number of workers – including workers engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except that Kentucky retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities;
- All working conditions of aircraft cabin crewmembers onboard aircraft in operation; and
- Any hazard, industry, geographical area, operation or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the State Plan.
The Kentucky State Plan also applies to state and local government employers. It does not apply to federal government employers including USPS. Federal OSHA covers the issues not covered by the Kentucky State Plan, except for the enforcement of the field sanitation and temporary labor camp standards, as described above, which is the responsibility of the Wage and Hour Division of the U.S. Department of Labor. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. Kentucky OSH also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).
Source: OSHA, Kentucky State Plan, read October 1, 2026.
The standards Kentucky writes for itself
The Kentucky OSH Standards Board is a 13-member body empowered to adopt, modify, or repeal OSH standards in the Commonwealth of Kentucky. The Board is chaired by the Secretary of the Education and Labor Cabinet. The remaining 12 members are appointed by the governor to equally represent agriculture, labor, management, and the safety and health profession. Kentucky OSH standards consist of state-specific standards unique to Kentucky, OSHA standards incorporated with state-specific provisions, and OSHA standards incorporated without change.
General industry
- Access to Employee Exposure and Medical Records
- Batteries
- Bloodborne Pathogens
- Contest of Citations
- Control of Hazardous Energy (Lockout)
- Discrimination
- Employers' Responsibility Where Employees are Exposed to Toxic Substances
- Fire Apparatus and Fire Department Facilities
- Flammable and Combustible Liquids
- Laboratory Activities
- Machinery and Machine Guarding
- Medical Services and First-Aid
- Off Highway Motor Vehicles and Equipment
- Receiving and Unloading Bulk Hazardous Liquids
- Recordkeeping; Reporting; Statistics
- Toxic and Hazardous Substances (including 4,4 Methylene bis (2-Chloroaniline))
Construction
- Bloodborne Pathogens
- Contest of Citations
- Discrimination
- Employers Responsibilities Where Employees Are Exposed to Toxic Substances
- Fall Protection, Cranes and Derricks in Construction
- Fall Protection, Residential
- Fall Protection, Steel Erection
- Receiving and Unloading Bulk Hazardous Liquids
- Recordkeeping; Reporting; Statistics
- Safety and Testing of Supply Lines in Excess of 600 Volts
OSHA's page names the standards; the binding text is the state's own (Kentucky OSH website). Where a federal standard applies, the state enforces it as it adopted it.
Hazard communication in Kentucky
The rule
803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction)
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.
What the state text says
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.
Read the ruleThe federal compliance dates and how each State Plan adopted HCS 2024 are compared on HazCom deadlines 2026 and in HCS 2024 deadlines by State Plan. The rule every other State Plan cites is in the State Plan HazCom rule map.
Kentucky OSH enforcement in construction, FY2025
Kentucky OSH issued 563 citations in 177 construction inspections in FY2025 (October 1, 2024 – September 30, 2025), with $1,687,340 in penalties at their current amounts.
| Rank in Kentucky | Standard | Citations | Share |
|---|---|---|---|
| 1 | 29 CFR 1926.501 | 86 | 15.3% |
| 2 | 29 CFR 1926.503 | 64 | 11.4% |
| 3 | 29 CFR 1926.451 | 52 | 9.2% |
| 4 | 29 CFR 1926.1053 | 46 | 8.2% |
| 5 | 29 CFR 1926.651 | 27 | 4.8% |
OSHA Frequently Cited Standards tool, NAICS 23, Kentucky, figures extracted August 8, 2026. Ranks count every row the tool lists for the state. The tool now shows the following fiscal year; these are the FY2025 figures as extracted.
Penalties and appeals
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.
Kentucky penaltiesContesting a citation
Employers, workers, and worker representatives have the right to contest citations issued by Kentucky OSH. For more information on these proceedings, please visit the Kentucky State Plan website.
Working under the Kentucky OSH plan, in five steps
Step 1
Check that the jobsite is under the State Plan
OSHA lists 6 exceptions to Kentucky OSH's private-sector coverage, starting with maritime employment, including shipyard employment, marine terminals, and longshoring. Work under an exception falls to federal OSHA.
Step 2
Read the Kentucky standards that touch your trade
For construction, OSHA's list names Bloodborne Pathogens, Contest of Citations, Discrimination, Employers Responsibilities Where Employees Are Exposed to Toxic Substances, Fall Protection, Cranes and Derricks in Construction, Fall Protection, Residential, Fall Protection, Steel Erection, Receiving and Unloading Bulk Hazardous Liquids, Recordkeeping; Reporting; Statistics, Safety and Testing of Supply Lines in Excess of 600 Volts. Read the state text for each before you build the site plan.
Step 3
Set your HazCom program to the state rule
803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction) is the rule to read before you set compliance dates. 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.
Step 4
Know the penalties and the contest path
Kentucky sets its own maximums (KRS 338.991): up to $7,000 for a serious violation. Employers, workers, and worker representatives have the right to contest citations issued by Kentucky OSH. The citation states the deadline to contest, and the state review body is described under Penalties and appeals.
Step 5
Use the free consultation program
OSH Education and Training (Kentucky Labor Cabinet - Kentucky OSH Program) offers on-site consultation, separate from enforcement.
Run it in HazComFast
Every trade reads the same sheet
Put a QR code on the container and any worker on site, whoever signs their paycheck, opens its SDS with the phone camera. No app, no login, and no per-seat charge for workers, foremen or subs.
Built for jobsites where the signal drops
Your jobsite's SDS load onto the phone on their own. The app shows how many are ready (17 of 20, 20 of 20) before you head underground. First-aid steps for every product on the jobsite stay on the phone, even in airplane mode.
Approve it or send it back
Every submission lands in a review queue. Approve it, reject it with a reason, or ask for a revision. Each decision is stamped with who reviewed it and when: the trail a controlling employer needs when OSHA asks what it did before the crew mobilized.
What each plan includes
- InspectionsFrom Pro
- Corrective actionsFrom Pro
- OSHA 300, 301 and 300A logsFrom Starter
- 300A certification and posting windowFrom Starter
- Written HazCom program, versionedFrom Starter
- Training center and assignmentsFrom Starter
- Full record export, any timeEvery plan
- Litigation defense packageFrom Starter
Key facts
- OSHA first approved the Kentucky State Plan on July 31, 1973 (38 FR 20324); final approval under section 18(e) came on June 13, 1985 (50 FR 24896).
- A summary of the Kentucky State Plan is codified at 29 CFR 1952.11.
- OSHA lists 6 exceptions to the plan's private-sector coverage, and federal OSHA covers what the plan does not.
- Federal OSHA keeps enforcement of the anti-retaliation provision of section 11(c) of the OSH Act for the private sector, according to OSHA's page for the plan.
- OSHA's page lists 26 standards Kentucky wrote for itself, 10 of them in construction.
- Hazard communication in Kentucky runs through 803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction).
- In FY2025 (October 1, 2024 – September 30, 2025), Kentucky OSH issued 563 construction citations in 177 inspections, with $1,687,340 in current penalties (OSHA cited-standards tool).
- Kentucky's maximum for a serious violation is $7,000, set by KRS 338.991.
In Kentucky
State Plans
Kentucky State Plan FAQ
Who enforces OSHA in Kentucky?
Kentucky Occupational Safety and Health (Kentucky OSH) is part of the Kentucky Education and Labor Cabinet's Department of Workplace Standards in Frankfort. The plan received final approval under section 18(e) of the OSH Act on June 13, 1985 (50 FR 24896), and its summary is codified at 29 CFR 1952.11.
Does the Kentucky State Plan cover private construction contractors?
Yes, with the exceptions OSHA lists for the plan (6 of them, such as maritime employment, including shipyard employment, marine terminals, and longshoring). The plan also covers state and local government employers; federal OSHA covers the rest (29 CFR 1952.11).
Does Kentucky have OSHA standards of its own?
Yes. OSHA's page for the plan lists 26: general industry, Access to Employee Exposure and Medical Records, Batteries, Bloodborne Pathogens, Contest of Citations, Control of Hazardous Energy (Lockout), Discrimination, Employers' Responsibility Where Employees are Exposed to Toxic Substances, Fire Apparatus and Fire Department Facilities, Flammable and Combustible Liquids, Laboratory Activities, Machinery and Machine Guarding, Medical Services and First-Aid, Off Highway Motor Vehicles and Equipment, Receiving and Unloading Bulk Hazardous Liquids, Recordkeeping; Reporting; Statistics, Toxic and Hazardous Substances (including 4,4 Methylene bis (2-Chloroaniline)); construction, Bloodborne Pathogens, Contest of Citations, Discrimination, Employers Responsibilities Where Employees Are Exposed to Toxic Substances, Fall Protection, Cranes and Derricks in Construction, Fall Protection, Residential, Fall Protection, Steel Erection, Receiving and Unloading Bulk Hazardous Liquids, Recordkeeping; Reporting; Statistics, Safety and Testing of Supply Lines in Excess of 600 Volts. The other standards are federal standards the state adopts (plan summary: 29 CFR 1952.11).
What hazard communication rule applies in Kentucky?
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. The rule to read is 803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction). Classification verified against OSHA's page for the plan on August 7, 2026; the federal standard is 29 CFR 1910.1200.
How do I contest a citation from Kentucky OSH?
Employers, workers, and worker representatives have the right to contest citations issued by Kentucky OSH. For more information on these proceedings, please visit the Kentucky State Plan website. Federal OSHA's 15-working-day notice of contest under 29 CFR 1903.17 does not govern a State Plan citation: the citation itself states the state deadline.
What are the OSHA penalties in Kentucky?
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. The federal maximums under 29 CFR 1903.15(d) do not set Kentucky's amounts.
Sources
- OSHA, Kentucky State Plan (read October 1, 2026)
- 29 CFR 1952.11, Kentucky State Plan summary (eCFR)
- 803 KAR 2:320 Section 6 (general industry) and 803 KAR 2:403 Section 2(1) (construction) (official text)
- OSHA Frequently Cited Standards, NAICS 23, Kentucky (FY2025 figures extracted August 8, 2026)
- Kentucky OSH website
- OSH Education and Training
OSHA's page for the plan read on October 1, 2026; the state hazard communication rule on August 7, 2026. OSHA notes that a State Plan's own office has the latest information. General guidance, not legal advice.
Get the Binder in Order Before the Inspector Arrives. Are You Ready?
OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.
Serious violation, Kentucky
$7,000
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