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Ex. DUT-KY-012 Standing duty Primary source read

803 KAR 2:330E (emergency administrative regulation)

Occupational Exposure to COVID-19

Labor Cabinet, Department of Workplace Standards, Division of Occupational Safety and Health Compliance (Kentucky Occupational Safety and Health Standards Board) · Kentucky (State)

The COVID Project

The record

Jurisdiction
Kentucky
Level
State
Authority
KRS 338.051(3), 338.061; 29 C.F.R. 1902, 1953 (State-plan as-effective-as requirement); relates to KRS 338.015, 29 C.F.R. 1910.502-509
Issued
2021-07-20 July 20, 2021
Effective
2021-07-20 (LRC 'Effective: 7/20/2021') (read as 2021-07-20)
End
Emergency regulation; marked EXPIRED on the LRC site; OSHA withdrew the Healthcare ETS other than its recordkeeping provisions on December 27, 2021, and the LRC states the emergency regulation 'will be not replaced by an ordinary administrative regulation' (read as 2021-12-27)
In force
July 20, 2021 to Dec. 27, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • employers in settings where employees provide health care or health care support services within the scope of 29 C.F.R. 1910.502(a)
Character
covid workplace rule
Collection
Standing duties: Kentucky DUT-KY

Operative words

Section 2. Except as modified by the definitions in Section 1 and the requirements in Section 3 of this emergency administrative regulation, an employer shall comply with 29 C.F.R. Part 1910, Subpart U, COVID-19 Emergency Temporary Standard, published in the June 21, 2021 Federal Register, Volume 86, Number 116.

Penalty

KRS 338.991

What it required

Adopted, as Kentucky law binding every covered Kentucky employer from July 20, 2021, OSHA's COVID-19 Healthcare Emergency Temporary Standard (29 C.F.R. 1910.502-509: written COVID-19 plan, patient screening, PPE and respirators, physical distancing, barriers, cleaning and ventilation, health screening and medical removal with pay, vaccination leave, training, recordkeeping), with Kentucky's own reporting rules substituted for 1910.502(r).

Retrieval note

Statement of Emergency: 'Covered employers must also implement other requirements established in the ETS to reduce transmission of COVID-19 in their workplaces'; 'Kentucky must adopt OSHA's ETS within thirty (30) days of the June 21, 2021 final rule and it must remain in effect for the duration of OSHA's ETS.' Public hearing September 21, 2021. Pair with FED exhibits for 29 C.F.R. 1910.502 (86 Fed. Reg. 32376).