March 26, 2025 | Kentucky, USA — MedLegalNews.com — Kentucky OSHA Bill: The National Council for Occupational Safety and Health (National COSH) is raising concerns over a Kentucky bill that could limit the authority of the state’s workplace safety agency. Passed swiftly this month, House Bill 398 (HB 398) now sits on Governor Andy Beshear’s desk, awaiting his decision. If signed into law, the bill may weaken safety enforcement, potentially leading to increased workplace injuries and workers’ compensation claims.
Worker Safety at Risk
Jessica Martinez, Executive Director of National COSH, warned, “We cannot allow legislation that puts workers’ lives at risk and discourages speaking out against unsafe conditions.” Worker advocates fear that weakening Kentucky’s safety standards could set a dangerous precedent for other states.
Fast-Tracked Legislation Raises Concerns
The Kentucky Senate passed HB 398 on March 13, and the House approved it the same day with a 70-20 vote. Governor Beshear has not indicated whether he will veto the bill, but the GOP-controlled legislature holds enough power to override a potential veto. Kentucky OSHA Bill
Key Provisions of HB 398
If enacted, the bill would:
- Restrict Safety Standards: Prevent Kentucky’s Occupational Safety and Health Standards Board from adopting stricter safety rules than federal OSHA regulations. If OSHA is dissolved, Kentucky’s standards would be the only safeguard.
- Limit Citation Time Frames: Reduce the time frame for issuing “de minimis” violation citations to six months and eliminate civil penalties for these minor violations.
- Shift Legal Costs to Safety Agency: Allow courts to award attorneys’ fees and costs to employers in appealed cases, making the safety agency financially liable.
- Weaken Retaliation Protections: Impose limits on third-party inspections and restrict workers’ ability to file retaliation claims.
Potential Impact on Worker Safety
Kentucky’s workplace fatality rate of 5.0 per 100,000 workers exceeded the national average in 2023, underscoring the need for stronger safety enforcement. Despite this, HB 398 threatens to roll back safety protections that have previously exceeded federal OSHA standards.
Additional Mine Safety Bill
In addition, House Bill 196 (HB 196) could weaken mine safety by reducing the number of emergency technicians required at coal mines. Like HB 398, this bill was approved by both chambers and sent to the governor for consideration.
What’s Next?
Gov. Beshear’s decision on these bills could significantly impact Kentucky’s workplace safety landscape. Even if he vetoes the bill, the legislature has the power to override and push the bill into law.
For official information on workplace safety standards and OSHA regulations, visit the National Council for Occupational Safety and Health (National COSH) website.
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FAQs: About Kentucky OSHA Bill
What is the Kentucky OSHA bill HB 398?
The Kentucky OSHA bill HB 398 proposes limits on the state’s workplace safety authority, including restricting stricter safety standards and reducing penalties for minor violations.
How could the Kentucky OSHA bill affect worker safety?
If enacted, the bill could weaken enforcement, limit retaliation protections, and increase workplace risk, potentially leading to more injuries and workers’ compensation claims.
What are the key provisions of the Kentucky OSHA bill?
The bill restricts safety standards beyond federal OSHA, shortens citation timelines, shifts legal costs to the safety agency, and limits third-party inspections and retaliation claims.
What is the next step for the Kentucky OSHA bill?
Governor Beshear’s approval or veto will determine the bill’s outcome. Even if vetoed, the legislature could override the decision, making the bill law.