Kentucky Bill to Trim State OSHA Agency Powers Now on the Governor’s Desk

The National Council for Occupational Safety and Health, a non-profit advocacy group, is sounding the alarm about a Kentucky bill that was passed swiftly this month and is now on the governor’s desk. If signed into law, it would limit the reach of the state’s work safety agency, potentially leading to more workplace injuries and workers’ compensation insurance claims.

“We cannot allow legislation that places the lives of workers at risk and fosters an environment where speaking out against unsafe conditions is not only discouraged but also dangerous,” National COSH Executive Director Jessica Martinez said in a statement. “What happens in Kentucky can set a troubling precedent for workers everywhere.”

House Bill 398 passed the Kentucky Senate on March 13, then was approved by the House the same day by a vote of 70-20. Gov. Andy Beshear, a Democrat, has not indicated publicly if he plans to veto the bill. His staff could not be reached Tuesday morning. Even with a veto, it’s possible that the GOP-dominant legislature could override and force the bill into law.

The legislation comes at what could be a critical time for work safety in the United States, worker advocates have said. The Donald Trump presidential administration has begun slashing federal programs and employees, and some in Congress have urged the shutdown of the federal Occupational Safety and Health Administration, which polices worksite safety in the majority of states.

Another Kentucky bill, HB 196, also could roll back some mine safety measures by reducing the number of emergency technicians on site at coal mines, the Lexington Herald-Leader reported. That bill was approved by the House and Senate this month and has been delivered to the governor.

HB 398, is sponsored by Kentucky state Rep. Walker Thomas, R-Hopkinsville, and others, and the Kentucky Chamber of Commerce has pushed for it. If it becomes law, it would:

• Bar the Kentucky Occupational Safety and Health Standards Board from adopting safety standards that are more stringent than OSHA rules. If OSHA is dissolved, that could mean that the Kentucky rules are all that address site safety.
• Limit the time frame to six months for “de minimis” violation citations issued by the board. Civil penalties would also be barred for those minor violations.
• Allow a court to award attorneys’ fees and costs to employers in cases that are appealed, to be paid by the safety agency.
• Make other changes that could limit third-party inspections; limit retaliation claims by workers; and impose penalties on the state agency for simply enforcing safety laws, National COSH contends.

Kentucky is one of 22 states that has its own, OSHA-approved workplace safety agency. And worker advocates have said the state agency has exceeded federal standards in many cases, requiring more safety measures. The passage of HB 398 threatens to dismantle these essential safeguards, NCOSH’s Martinez said.

At the same time, Kentucky’s workplace fatality rate of 5.0 per 100,000 workers exceeded the national average in 2023, suggesting that more safety enforcement is needed – not less, worker advocates said.

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Topics Workers' Compensation