Fabio
110 lines
8.6 KiB
Markdown
110 lines
8.6 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT relating to occupational safety and health."
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description: "Amend KRS 338.015 to define \"qualified representative\"; amend KRS 338.062 to prohibit the Kentucky Occupational Safety and Health Standards Board or the secretary of the Education Labor Cabinet from enforcing any occupational safety and health administrative regulation that has not been promulgated by or that is more stringent than the corresponding federal provision; amend KRS 338.091 to allow the Franklin Circuit Court to award actual expenses against the Department of Workplace Standards; amend KRS 338.111 to allow an employee's representative be present during an inspection; to allow the commissioner's representative to consult with employees if there is no employee representative available; amend KRS 338.121 to allow only current employees or qualified representatives of current employees to request an inspection; require that the alleged violation date be included in the notice and the employee's representative be notified; create time limits for filing a complaint and issuing a citation; amend KRS 338.141 to require that each citation include reference to the provision of the rule or regulation violated; require a citation or notice for any de minimus violation be issued promptly after inspection; prohibit issuance of a citation more than six months after the violation; require the correction time period be tolled until conclusion of the action."
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jurisdiction: "us/states/ky"
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legislature: "Kentucky General Assembly"
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session: "2025RS"
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identifier: "HB 398"
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citation: "Kentucky HB 398 (2025RS)"
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classification: ["bill"]
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subjects: ["Administrative Regulations and Proceedings", "Federal Laws and Regulations", "Labor and Industry", "Occupational Safety and Health", "Personnel and Employment", "Safety", "Workforce"]
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 47
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vote_count: 9
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first_action: "2025-02-06T05:00:00+00:00"
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last_action: "2025-03-27T04:00:00+00:00"
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source: "openstates"
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source_identifier: "ocd-bill/7c07662f-9bb5-4299-9e70-ded1658df542"
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source_url: "https://apps.legislature.ky.gov/record/25RS/hb398.html"
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source_hash: "f0c385c327fafbf0a76d46e94af3472470d44169e87cbef9dc665a64cb41c7f9"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-ky"]
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---
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# Kentucky HB 398 (2025RS) — AN ACT relating to occupational safety and health.
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Amend KRS 338.015 to define "qualified representative"; amend KRS 338.062 to prohibit the Kentucky Occupational Safety and Health Standards Board or the secretary of the Education Labor Cabinet from enforcing any occupational safety and health administrative regulation that has not been promulgated by or that is more stringent than the corresponding federal provision; amend KRS 338.091 to allow the Franklin Circuit Court to award actual expenses against the Department of Workplace Standards; amend KRS 338.111 to allow an employee's representative be present during an inspection; to allow the commissioner's representative to consult with employees if there is no employee representative available; amend KRS 338.121 to allow only current employees or qualified representatives of current employees to request an inspection; require that the alleged violation date be included in the notice and the employee's representative be notified; create time limits for filing a complaint and issuing a citation; amend KRS 338.141 to require that each citation include reference to the provision of the rule or regulation violated; require a citation or notice for any de minimus violation be issued promptly after inspection; prohibit issuance of a citation more than six months after the violation; require the correction time period be tolled until conclusion of the action.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/25RS/hb398/orig_bill.pdf)
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2. **Acts Chapter 105** (committee substitute) — [source](https://apps.legislature.ky.gov/law/acts/25RS/documents/0105.pdf)
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3. **Current/Final** (committee substitute) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/25RS/hb398/bill.pdf)
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## Votes
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- PASS HB 398 W/ scs1 — **28–9** (pass) · lower
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- Override Veto Final Passage HB 398 — **29–9** (pass) · lower
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- Strike enacting clause — **19–59** (fail) · lower
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- Final Passage — **78–22** (pass) · lower
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- Table — **20–60** (fail) · lower
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- Final Passage — **70–20** (pass) · lower
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- Pass — **62–33** (pass) · lower
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- Adopt — **47–48** (fail) · lower
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- Adopt — **21–49** (fail) · lower
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-02-06T05:00:00+00:00** introduced in House `introduction`
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- **2025-02-06T05:00:00+00:00** to Committee on Committees (H) `referral-committee`
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- **2025-02-12T05:00:00+00:00** to Economic Development & Workforce Investment (H) `referral-committee`
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- **2025-02-20T05:00:00+00:00** reported favorably, 1st reading, to Calendar with Committee Substitute (1) `committee-passage`
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- **2025-02-21T05:00:00+00:00** 2nd reading, to Rules `reading-2`
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- **2025-02-21T05:00:00+00:00** floor amendment (1) filed to Committee Substitute `amendment-introduction`
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- **2025-02-21T05:00:00+00:00** posted for passage in the Regular Orders of the Day for Tuesday, February 25, 2025
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- **2025-02-25T05:00:00+00:00** floor amendments (2), (3) and (4) filed to Committee Substitute , floor amendment (5) filed to bill
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- **2025-02-26T05:00:00+00:00** 3rd reading `reading-3`
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- **2025-02-26T05:00:00+00:00** floor amendment defeated Floor Amendments (2) and (3)
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- **2025-02-26T05:00:00+00:00** passed 62-33 with Committee Substitute (1) and Floor Amendment (1) `passage`
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- **2025-02-27T05:00:00+00:00** received in Senate
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- **2025-02-27T05:00:00+00:00** to Committee on Committees (S) `referral-committee`
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- **2025-03-04T05:00:00+00:00** to Licensing & Occupations (S) `referral-committee`
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- **2025-03-07T05:00:00+00:00** taken from Licensing & Occupations (S)
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- **2025-03-07T05:00:00+00:00** 1st reading `reading-1`
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- **2025-03-07T05:00:00+00:00** returned to Licensing & Occupations (S)
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- **2025-03-11T04:00:00+00:00** taken from Licensing & Occupations (S)
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- **2025-03-11T04:00:00+00:00** 2nd reading `reading-2`
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- **2025-03-11T04:00:00+00:00** returned to Licensing & Occupations (S)
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- **2025-03-13T04:00:00+00:00** reported favorably, to Rules with Committee Substitute (1) `committee-passage`
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- **2025-03-13T04:00:00+00:00** posted for passage in the Regular Orders of the Day for Thursday, March 13, 2025
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- **2025-03-13T04:00:00+00:00** 3rd reading, passed 28-9 with Committee Substitute (1) `passage, reading-3`
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- **2025-03-13T04:00:00+00:00** received in House
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- **2025-03-13T04:00:00+00:00** to Rules (H) `referral-committee`
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- **2025-03-13T04:00:00+00:00** posted for passage for concurrence in Senate Committee Substitute (1)
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- **2025-03-13T04:00:00+00:00** House concurred in Senate Committee Substitute (1)
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- **2025-03-13T04:00:00+00:00** passed 70-20 `passage`
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- **2025-03-13T04:00:00+00:00** enrolled, signed by Speaker of the House `passage`
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- **2025-03-13T04:00:00+00:00** enrolled, signed by President of the Senate `passage`
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- **2025-03-13T04:00:00+00:00** delivered to Governor
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- **2025-03-24T04:00:00+00:00** Vetoed `executive-veto`
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- **2025-03-27T04:00:00+00:00** received in House
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- **2025-03-27T04:00:00+00:00** to Rules (H) `referral-committee`
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- **2025-03-27T04:00:00+00:00** taken from Rules
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- **2025-03-27T04:00:00+00:00** posted for consideration of Governor's veto
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- **2025-03-27T04:00:00+00:00** veto overridden `veto-override-passage`
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- **2025-03-27T04:00:00+00:00** passed 78-22 `passage`
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- **2025-03-27T04:00:00+00:00** received in Senate
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- **2025-03-27T04:00:00+00:00** to Rules (S) `referral-committee`
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- **2025-03-27T04:00:00+00:00** posted for passage for consideration of Governor's veto
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- **2025-03-27T04:00:00+00:00** veto overridden `veto-override-passage`
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- **2025-03-27T04:00:00+00:00** passed 29-9 `passage`
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- **2025-03-27T04:00:00+00:00** received in House
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- **2025-03-27T04:00:00+00:00** enrolled, signed by Speaker of the House `passage`
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- **2025-03-27T04:00:00+00:00** enrolled, signed by President of the Senate `passage`
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- **2025-03-27T04:00:00+00:00** delivered to Secretary of State (Acts Ch. 105) `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/7c07662f-9bb5-4299-9e70-ded1658df542`. Confidence: reported (aggregated from official Kentucky legislature records).
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