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AN ACT relating to occupational health and safety. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 338.991 is amended to read as follows: 3
(1) Any employer who willfully or repeatedly violates the requirement of any section 4
of this chapter, including any standard, regulation, or order promulgated pursuant to 5
this chapter, may be assessed a civil penalty of up to one hundred thirty-six 6
thousand five hundred thirty dollars ($136,530), as shall be adjusted as provided 7
in subsection (12) of this section,[seventy thousand dollars ($70,000)] for each 8
violation, but not less than five thousand dollars ($5,000) for each willful violation. 9
(2) Any employer who has received a citation for a serious violation of the 10
requirements of any section of this chapter, including any standard, regulation, or 11
order promulgated pursuant to this chapter, shall be assessed a civil penalty of up to 12
thirteen thousand six hundred fifty-three dollars ($13,653), as shall be adjusted 13
as provided in subsection (12) of this section,[seven thousand dollars ($7,000)] for 14
each violation. 15
(3) Any employer who has received a citation for a violation of the requirements of any 16
section of this chapter, including any standard, regulation, or order promulgated 17
pursuant to this chapter, and such violation is specifically determined not to be of a 18
serious nature, may be assessed a civil penalty of up to thirteen thousand six 19
hundred fifty-three dollars ($13,653), as shall be adjusted as provided in 20
subsection (12) of this section,[seven thousand dollars ($7,000)] for each violation. 21
(4) Any employer who fails to correct a violation for which a citation has been issued 22
within the period permitted for its correction may be assessed a civil penalty of up 23
to thirteen thousand six hundred fifty-three dollars ($13,653), as shall be adjusted 24
as provided in subsection (12) of this section,[seven thousand dollars ($7,000)] for 25
each day during which such failure or violation continues. 26
(5) Any employer found to be in violation of subsection (3) of KRS 338.121 shall be 27 UNOFFICIAL COPY 25 RS BR 460
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assessed a civil penalty of up to ten thousand dollars ($10,000) for each violation. 1
(6) The review commission shall have the authority to modify all civil penalties and 2
fines provided for in this chapter. The review commission may, at its discretion, 3
suspend the time period allotted for correction of a violation during the review of an 4
appeal from the violation in question. 5
(7) All civil penalties and fines collected under the provision of this chapter shall be 6
paid into the general fund. 7
(8) Any employer or individual who knowingly makes any false statement, 8
representation, or certification in any application, record, report, plan, or other 9
document filed or required to be maintained pursuant to this chapter shall, upon 10
conviction, be punished by a fine of not more than ten thousand dollars ($10,000), 11
or by imprisonment for not more than six (6) months, or by both. 12
(9) Any person who gives advance notice of any investigation or inspection to be 13
conducted under this chapter, without authority from the commissioner, shall, upon 14
conviction, be punished by a fine of not more than one thousand dollars ($1,000), or 15
by imprisonment for not more than six (6) months, or by both. 16
(10) Any employer or individual who willfully causes bodily harm to any authorized 17
representative of the commissioner while attempting to conduct an investigation or 18
inspection under the provisions of this chapter, shall, upon conviction, be punished 19
by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for 20
not more than one (1) year, or by both. 21
(11) As used in this section, a serious violation shall be deemed to exist in a place of 22
employment if there is a substantial probability that death or serious physical harm 23
could result from a condition which exists, or from one (1) or more practices, 24
means, methods, operations, or processes which have been adopted or are in use, in 25
such place of employment unless the employer did not, and could not with the 26
exercise of reasonable diligence, know of the presence of the violation. 27 UNOFFICIAL COPY 25 RS BR 460
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(12) Beginning August 1, 2025, the secretary shall annually adjust the maximum civil 1
penalties provided for in subsections (1) to (4) of this section by the percent 2
increase in the nonseasonally adjusted annual average Consumer Price Index for 3
All Urban Consumers (CPI-U), U.S. City Average, All Items, between the two (2) 4
most recent calendar years available, as published by the United States Bureau of 5
Labor Statistics. The amount of each adjustment to the maximum civil penalties 6
shall be rounded to the nearest whole dollar. Beginning August 1, 2025, the 7
secretary shall begin a three (3) year phase-in for the penalty adjustments. The 8
adjustments to the penalties shall be effective on each August 1. If the CPI-U is 9
discontinued or revised, any other historical index or computation approved by 10
the secretary shall be used for purposes of this section that would obtain 11
substantially the same result as if the CPI-U had not been discontinued or 12
revised. 13