RELATES TO: KRS 338.015(1), (2), 29 C.F.R. 1926.750-1926.761
NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) requires the Kentucky Occupational Safety and Health Standards Board to promulgate occupational safety and health administrative regulations and authorizes the chairman to reference federal standards without board approval if necessary to meet federal time requirements. KRS 338.061 authorize the board to establish, modify, or repeal standards and reference federal standards. This administrative regulation establishes standards that are enforced by the Department of Workplace Standards in construction.
Section 1. Definitions. (1) "C.F.R." means Code of Federal Regulations.(2) "Employee" is defined by KRS 338.015(2).(3) "Employer" is defined by KRS 338.015(1).Section 2. Except as established in Section 1 and the requirements in Section 3 of this administrative regulation, the construction industry shall comply with 29 C.F.R. 1926, Subpart R, Steel Erection, published by the Office of the Federal Register, National Archives and Records Administration.Section 3. Fall Hazards.(1)(a) Paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1926.760(a)(1).(b) Each employee engaged in a steel erection activity who is on a walking or working surface with an unprotected side or edge ten (10) feet or more above a lower level shall be protected from fall hazards by guardrail systems, safety net systems, personal fall arrest systems, positioning device systems, or fall restraint systems.(2)(a) Paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1926.760(a)(3).(b) Connectors and employees working in controlled decking zones shall be protected from fall hazards in accordance with subsection (5) of this section, respectively.(3)(a) Paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1926.760(b)(1).(b) Each connector shall be protected in accordance with subsection (2) of this section from fall hazards of ten (10) feet or more above a lower level.(4)(a) Paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1926.760(b)(3).(b) Each connector shall be provided with, wear, and utilize, at heights of ten (10) feet or more above a lower level, a personal fall arrest system, positioning device system, or fall restraint system or be provided with other means of protection from fall hazards in accordance with subsection (1) of this section.(5)(a) Paragraph (b) of this subsection shall apply in lieu of 29 C.F.R. 1926.760(c).(b) A controlled decking zone (CDZ) may be established in that area of the structure over six (6) feet and up to ten (10) feet above a lower level if metal decking is initially being installed and forms the leading edge of a work area. In each CDZ: 1. Subparagraph 2 of this paragraph shall apply in lieu of 29 C.F.R. 1926.760(c)(1); and2. Each employee working at the leading edge in a CDZ shall be protected from fall hazards of ten (10) feet or more above a lower level.16 Ky.R. 1103; eff. 12-15-1989; Am. 21 Ky.R. 2275; eff. 4-20-1995; 28 Ky.R. 2249; eff. 6-14-2002; 33 Ky.R. 1134; 1529; eff. 1-5-2007; 36 Ky.R. 179; 593; eff. 10-2-2009; 37 Ky.R. 1069; Am. 1437; eff. 1-3-2011; 47 Ky.R. 1648, 2384; eff. 8-3-2021.STATUTORY AUTHORITY: KRS 338.051(3), 338.061