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Ex. DUT-KS-013 Standing duty Primary source read

K.S.A. 44-636, Places of business; inspection; safety and protection of employees; sanitary conditions; orders; penalty

44-636. Places of business; inspection; safety and protection of employees; orders; notice and hearing; penalty

Kansas Legislature (K.S.A., Revisor of Statutes) · Kansas (State)

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The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 44-636
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • employers; owners, proprietors, agents, administrators and lessees of any factory, mill, workshop, mercantile establishment, laundry or other business location
Character
workplace duty
Collection
Standing duties: Kansas DUT-KS

Operative words

If it shall be found upon such investigation that the heating, lighting, ventilation, occupant capacity or sanitary arrangement of any such establishment or place is such as to be injurious to the health of persons employed... the secretary... shall notify in writing the owner... [with] an order that requires... changes in methods of operation or the taking of any other measures

Penalty

(g) willful violation of the section or of any lawful order under it is a misdemeanor with a fine of $25 to $100, 'each day that such violation exists shall constitute a separate offense'; (h) injunctive relief through the attorney general

What it required

Subjected every Kansas business location 'where labor is or is intended to be performed' to inspection of 'the sanitary conditions' and 'the methods of protection from danger to employees,' and to written orders requiring 'changes in methods of operation or the taking of any other measures the secretary may deem appropriate and necessary for the safety and protection of the employees'; imminent-danger orders under (d) may bar employees from the affected area; the State counterpart of the federal general duty clause for a federal-OSHA State.

Retrieval note

Kansas has no OSHA-approved State plan; private employers were under 29 U.S.C. 654(a)(1) and OSHA's COVID-19 instruments (FED-088, FED-089, FED-082, FED-083, FED-080; the quotation was reconciled against the Revisor's page read Sept. 28, 2026.