House committee advances bill to align Kentucky OSHA rules with federal standards; labor warns of weakened protections

FRANKFORT — The House Standing Committee on Economic Development and Workforce Investment on Wednesday voted to advance House Bill 398, an occupational safety and health measure sponsored by Representative Walker Thomas that would align Kentucky’s rules with federal Occupational Safety and Health Administration standards.

The committee adopted a committee substitute and then passed House Bill 398 as amended by that substitute with a favorable committee vote. Sponsor Walker Thomas said the bill is intended to provide clearer, more consistent rules for businesses while continuing state enforcement.

“This bill just shows our commitment to the business community while not jeopardizing the safety of our great employees,” Representative Walker Thomas said when presenting the measure.

Labor leaders and construction trade representatives urged the committee to reject the bill or amend it further, saying the substitute contains provisions that would reduce worker protections, restrict who can request inspections and increase financial exposure for the state agency that enforces workplace safety rules.

“This bill is not just simply a technicality, it's a direct assault on the workers of Kentucky,” Dustin Rienstedler, president of the Kentucky State AFL-CIO, told the committee. “House Bill 398 threatens the very foundation of workplace safety in our state.”

Gerald Adkins, testifying on behalf of the Kentucky State Building and Construction Trades Council, highlighted a provision that would limit inspection requests. “House Bill 398 would prevent [a family member] from requesting an inspection of that employer,” Adkins said, referring to language that limits who may request an inspection after a fatality.

Key provisions and committee action

- Committee substitute: Members adopted a committee substitute that, according to the sponsor and testimony, adds a defined de minimis citation provision that mirrors federal practice for de minimis notices (notices with $0 penalties). The sponsor said the substitute clarifies that de minimis violations would not carry penalties and fixes a typographical error the bill sponsor intends to correct on the House floor.

- Inspection requests: Testimony and questions centered on section 5 (as discussed in committee), which would restrict who may request an inspection to current employees or a qualified representative authorized by a current employee. Witnesses said the provision would bar former employees, parents, spouses or next of kin from requesting inspections in some cases, including fatality investigations.

- Qualified representative: The substitute defines “qualified representative” to mean a person reasonably necessary to conduct an inspection based on relevant scientific, technical or specialized knowledge, skill, experience, training and education.

- Franklin Circuit Court remedies: Witnesses raised concern about language described in testimony that would permit Franklin Circuit Court to award actual expenses, including court costs and attorney fees, against the state’s occupational safety agency (referred to in testimony as KOSHA) with no cap. Testimony said that could discourage enforcement by creating financial exposure for the agency.

Questions from members and next steps

Committee members asked the sponsor and witnesses several questions about whether the bill would roll back state-specific standards that predate 2021, how much of Kentucky’s existing regulations would be replaced by federal rules, and how quickly employers would have to assemble qualified representatives when inspections occur. Sponsor Walker Thomas and an attorney for proponents said the state would retain its state plan and in-practice enforcement but would align regulatory language and definitions with federal frameworks. The sponsor said employers typically are allowed 45 minutes to an hour in practice to have representatives present for inspections.

Representative Elliott asked the sponsor to provide examples of Kentucky-specific standards that federal OSHA does not cover; the sponsor invited follow-up with the Education and Labor Cabinet for technical detail. Several members said they expect floor amendments and additional discussion before a final House vote.

Committee vote and disposition

House Bill 398, as amended by the House committee substitute, passed the committee with a favorable expression and was reported out for further consideration on the House floor. (Full roll-call and verbatim statements are in the committee transcript.)

Why it matters

Supporters say clearer alignment with federal OSHA will reduce confusion for employers and promote consistency across state and federal enforcement. Opponents — including unions and construction trade representatives — warned the bill could limit worker access to inspections, remove Kentucky-specific protections, and expose the state enforcement agency to uncapped financial awards in court, which they said could chill enforcement.

The bill’s next step is consideration on the full House floor; the sponsor indicated at least one typographical correction will be filed as a floor amendment and that additional amendments could follow in response to members’ concerns.