Kentucky: Recent Legislative Updates

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APPLIES TO

All Employers with Employees in KY

EFFECTIVE

June 26, 2025

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Quick Look

  • Kentucky OSHA is now aligned with federal OSHA requirements.
  • Kentucky courts cannot give deference to government agency interpretations of the law.

Discussion:

The Kentucky state legislature recently passed two bills affecting employers. First, Kentucky has a state-run OSHA plan that must meet the minimum requirements of the federal Occupational Safety and Health Administration (OSHA). However, HB 398 prohibits the Kentucky Occupational Safety and Health Standards board from adopting or enforcing any safety regulations that federal OSHA has not adopted or that is more stringent than what federal OSHA has adopted. The bill also makes several changes to align requirements with federal OSHA, such as filing deadlines and recognizing that de minimis violations have no penalty. There were a number of other adjustments impacting the complaint process, repeat violations citations, and abatement periods.

 

Second, SB 84 essentially codifies the U.S. Supreme Court ruling in Loper Bright Enterprises v. Raimondo at the state level. Last year, Loper Bright took the position that government agency legal interpretations should not receive deference from the courts. Similarly here, the bill specifically says that the “interpretation of a statute or administrative regulation by an administrative body shall not be entitled to deference from a reviewing court,” nor should administrative interpretations be made with the expectation of receiving deference.

 

These bills were originally blocked by the governor, but the legislature overrode the vetoes. This means that the bills will go into effect June 26, 2025.

 

Action Items

  1. Update safety policies and procedures as applicable.
  2. Have appropriate personnel trained on the new requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase