Kentucky Statutes 338.101 – Authority of commissioner
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(1) In order to carry out the purposes of this chapter, the commissioner or the commissioner’s authorized representative shall have the authority:
(a) To enter without delay and advance notice any place of employment during regular working hours and at other reasonable times in order to inspect such places, question privately any such employer, owner, operator, agent, employee, or employee’s representative, and investigate such facts, conditions, practices, or matters deemed appropriate to determine the cause of, or to prevent the occurrence of, any occupational injury or illness.
(b) To administer oaths, take depositions, conduct hearings, take photographs, review any and all accident and illness records, and secure any other evidence deemed necessary to evaluate any occupational safety and health hazard in order to ascertain whether any person has violated any provision of this chapter or regulations issued pursuant thereto.
(2) If an employer refuses such entry, then the commissioner may apply to the Franklin
Circuit Court for an order to enforce the right of entry.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1756, effective July 15, 2010. — Created
1972 Ky. Acts ch. 251, sec. 11.
(a) To enter without delay and advance notice any place of employment during regular working hours and at other reasonable times in order to inspect such places, question privately any such employer, owner, operator, agent, employee, or employee’s representative, and investigate such facts, conditions, practices, or matters deemed appropriate to determine the cause of, or to prevent the occurrence of, any occupational injury or illness.
Terms Used In Kentucky Statutes 338.101
- Commissioner: means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 338.015
- Employer: shall mean any entity for whom a person is employed except those employers excluded in KRS §. See Kentucky Statutes 338.015
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Occupational injury or illness: means any abnormal condition or disorder of an employee caused by exposure to factors associated with his or her employment. See Kentucky Statutes 338.015
- Occupational safety and health hazard: means any practice or condition in a place of employment which may be deemed detrimental to the safety and health of employees. See Kentucky Statutes 338.015
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
(b) To administer oaths, take depositions, conduct hearings, take photographs, review any and all accident and illness records, and secure any other evidence deemed necessary to evaluate any occupational safety and health hazard in order to ascertain whether any person has violated any provision of this chapter or regulations issued pursuant thereto.
(2) If an employer refuses such entry, then the commissioner may apply to the Franklin
Circuit Court for an order to enforce the right of entry.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1756, effective July 15, 2010. — Created
1972 Ky. Acts ch. 251, sec. 11.