803 KAR 2:412reg. Fall protection

      Section 1. Definitions.

      (1) "C.F.R." means Code of Federal Regulations.

      (2) "Eave" means the horizontal lower edge of a roof.

      (3) "Employee" is defined by KRS 338.015(2).

      (4) "Employer" is defined by KRS 338.015(1).

      (5) "Fall restraint system" means a system that:

      (a) Is used to prevent an employee from falling any distance consisting of an anchorage, connectors, and body belt or harness; and

      (b) May include, lanyards, lifelines, or rope grabs designed for that purpose.

      (6) "Guardrail system" is defined by[in] 29 C.F.R. 1926.500(b).

      (7) "Leading edge" is defined by[in] 29 C.F.R. 1926.500(b).

      (8) "Personal fall arrest system" is defined by[in] 29 C.F.R. 1926.500(b).

      (9) "Platform" is defined by 29 C.F.R. 1926.450.

      (10) "Rake edge" means the roof edge at the gable end of a structure.

      (11)[(10)] "Residential construction" means construction work on a stand-alone[standalone] single family dwelling, duplex, threeplex, or fourplex structure.

      (12)[(11)] "Roofing work" is defined by[in] 29 C.F.R. 1926.500(b).

      (13)[(12)] "Safety monitoring system" is defined by[in] 29 C.F.R. 1926.500(b).

      (14)[(13)] "Safety net system" means a system used in accordance with 29 C.F.R. 1926.502(c).

      [(14)"Slide guard system" means an equipment system that:

      (a) Is designed to prevent employees from sliding off a sloped roof to a lower level; and

      (b) Consists of manufactured roof brackets used in conjunction with dimensional lumber or may be a site-built system of similar design and dimension.]

      (15) "Slope" means the roof vertical rise in inches for every horizontal twelve (12) inch length, with:

      (a) The horizontal twelve (12) inch length referred to as the run;

      (b) The slope referred to as pitch; and

      (c) The slope expressed with the rise (vertical) mentioned first and the run (horizontal) mentioned second, such as "4 in 12" or "4 on 12" and written as "4 in 12" or "4:12" or "4/12."

      (16) "Standard" is defined by KRS 338.015(3).

      (17) "Three (3) points of contact" means either:

      (a) One (1) hand and both feet; or

      (b) One (1) foot and both hands.

      [(17)"Visible defect" means saw cuts, warps, twists, holes, splits, breaks, or gouges.]

      (18) "Walking/working surface" is defined by[in] 29 C.F.R. 1926.500(b).

 

      Section 2. (1) The construction industry shall comply with the following federal regulations, except as modified by the definitions in Section 1 and requirements in Section 3 of this administrative regulation:

      (a) 29 C.F.R. 1926.500 through 29 C.F.R. 1926.501(b)(12), revised July 1, 2016[2013]; and

      (b) 29 C.F.R. 1926.501(b)(14) through 29 C.F.R. 1926.503, revised July 1, 2016[2013; and

      (c) The amendment to 29 C.F.R. 1926.500 as published in the April 11, 2014 Federal Register, Volume 79, Number 70].

      (2) An employer may utilize Appendices A, B, C, D, and E to Subpart M of 29 C.F.R. Part 1926, revised July 1, 2016[2005], except the Sample Fall Protection Plan for Residential Construction found in Appendix E.

      (3) The Non-Mandatory Sample Fall Protection Plan for Residential Construction may be used and is incorporated by reference in Section 4 of this administrative regulation.

 

      Section 3. Residential Construction. (1) General.

      (a) While engaged in residential construction activities, each employee[Employees] working six (6)[ten (10)] feet or more above a lower level shall be protected by guardrail systems, safety net systems, personal fall arrest systems, or a measure provided in this section[while exposed to any of the following:

      1. Unprotected sides and edges;

      2. Leading edges;

      3. Hoist areas;

      4. Form work and reinforcing steel; or

      5. Roofing work on roof slopes three (3) in twelve (12) or less].

      (b) The employer shall use a measure that meets the criteria established in this section and shall not be required to demonstrate that it is infeasible or creates a greater hazard to use guardrail systems, safety net systems, or personal fall arrest systems before using a measure provided in this section.

      (c) If an employer can demonstrate that it is infeasible or creates a greater hazard to use guardrail systems, safety net systems, personal fall arrest systems, or a measure established in this section,[for a particular workplace situation,] the employer shall develop and implement a written fall protection plan which meets the requirements of 29 C.F.R. 1926.502(k) for a particular workplace situation in lieu of implementing guardrail systems, safety net systems, personal fall arrest systems, or a measure provided in this section.

      (2) Floor system.

      (a) Each employee[Employees] engaged in residential construction floor system work exposed to a fall hazard six (6)[ten (10)] feet or more above a lower level to the exterior of the structure being constructed shall be protected by guardrail systems, safety net systems, personal fall arrest systems, or personal fall restraint systems.

      (b) Each employee[Employees] engaged in residential construction floor system work exposed to an interior fall hazard six (6)[ten (10)] feet or more above a lower level shall be protected by guardrail systems, safety net systems, personal fall arrest systems, personal fall restraint systems, or, if the floor joists or trusses are eighteen (18) inches on center or less, the measures established in this paragraph.

      1. The first joist or truss shall be placed into position and secured by workers on the ground, from ladders, or from a scaffold system.

      2. Successive joists or trusses shall be placed into position and then secured from a secured temporary platform.

      3. The temporary platform shall be at least eighteen (18) inches wide and secured.

      4. The[An] employee performing the work shall work from the platform and remain on the platform.

      (c) Each employee[Employees] engaged in leading edge residential construction floor system work six (6)[ten (10)] feet or more above a lower level shall be protected by guardrail systems, safety net systems, personal fall arrest systems, personal fall restraint systems, or, if the floor joists or trusses are eighteen (18) inches on center or less, the measures established in this paragraph.

      1. The first row of floor sheathing shall be placed into position, installed, and secured from the ground, from ladders, from a scaffold system, or from a secured temporary platform at least eighteen (18) inches wide.

      2. The[An] employee performing the work shall work from the platform and remain on the platform.

      3. After the first row of sheathing has been installed and secured, only employees performing the installation shall work from the established and secured deck or from a secured temporary platform at least eighteen (18) inches wide.

      4. After two (2) rows of sheathing have been installed, only the[an] employee performing the installation shall work from the established and secured deck or from a secured temporary platform at least eighteen (18) inches wide.

      5. All other employees shall remain at least four (4) feet away from the leading edge.

      (3) Roof system.

      (a) Each employee[Employees] engaged in residential construction roof truss or rafter work six (6)[ten (10)] feet or more above a lower level shall:

      1. Be protected by guardrail systems, safety net systems, personal fall arrest systems; or

      2. Personal fall restraint systems or implement the measure established in paragraph (b) of this subsection.

      (b) The employee releasing the hoist line or installing the bracing shall:

      1. Move or work from within the webbing of the truss or within the rafters on a secured temporary platform at least eighteen (18) inches wide; or

      2. Maintain three (3) points of contact while moving or working within the webbing of the trusses or within the rafters.

      (c) Employees shall not move or work outside the webbing of the trusses or outside the rafters unless utilizing a personal fall arrest system or personal fall restraint system.

      (d) Each employee[Employees engaged in roof sheathing may utilize a slide guard system in accordance with the provisions established in subsection (5) of this section.

      (e) Employees] engaged in residential construction attic work six (6)[ten (10)] feet or more above a lower level shall be protected by guardrail systems, safety net systems, personal fall arrest systems, personal fall restraint systems, or the measures established in this paragraph.

      1. Each employee[Employees] shall move or work from within the webbing of the trusses or within the rafters on a secured temporary platform at least eighteen (18) inches wide.

      2. Each employee[Employees] shall remain on the platform while performing the work.

      (4) Roofing work.

      (a) Supplies or materials shall not be placed or stored within six (6) feet of the roof edge.

      (b) An employee[A person] shall not ascend, work on, or descend the roof within six (6) feet of the rake edge except while applying or removing roofing materials or equipment.

      (c) Warning line systems.

      1. Each employee[Employees] engaged in residential construction roofing work six (6)[ten (10)] feet or more above a lower level on roof slopes three (3) in twelve (12) or less shall be protected by guardrail systems, safety net systems, personal fall arrest systems, personal fall restraint systems, or a combination of warning line system and guardrail system, warning line system and safety net system, warning line system and personal fall arrest system, warning line system and personal fall restraint system, or warning line system and safety monitoring system. On roofs fifty (50) feet or less in width, a safety monitoring system alone may be used. Appendix A to Subpart M of 29 C.F.R. Part 1926, revised July 1, 2005, may be used as a guideline to determine roof width.

      2. Each employee[Employees] performing residential construction roofing work between a roof edge and a warning line shall be protected by guardrail systems, safety net systems, personal fall arrest systems, or personal fall restraint systems.

      [(5) Slide guard systems.

      (a) Employers and employees installing residential construction roof sheathing with a ground to eave height up to twenty-five (25) feet or engaged in residential construction roofing work with a ground to eave height up to twenty-five (25) feet may utilize a slide guard system in accordance with the provisions established in this subsection with a safety monitor system meeting the requirements of 29 C.F.R. 1926.502(h)(1) through (h)(4).

      (b) Slide guards systems shall not be used with a slope less than four (4) in twelve (12) or greater than eight (8) in twelve (12).

      (c) Employers and employees installing residential construction roof sheathing who utilize a slide guard system shall install the slide guard system immediately after the first row of sheathing is installed.

      (d) Slide guard systems shall comply with the following provisions.

      1. Each slide guard system shall be installed, utilized, and removed under the supervision of a competent person, as defined in 29 C.F.R. 1926.32(f).

      2. Each slide guard system shall be used in accordance with the manufacturer’s specifications, limitations, and recommendations.

      3. Each slide guard system shall be maintained in accordance with the manufacturer’s specifications and recommendations.

      4. The manufacturer’s specifications shall be available at the jobsite for review if the slide guard system is not utilized and maintained in accordance with this subsection.

      5. Each slide guard system shall be inspected for visible defects by a competent person before each work shift and after any occurrence which could affect the slide guard system’s structural integrity.

      6. For each slide guard system, each damaged or weakened component shall be immediately replaced or repaired.

      7. For each slide guard system, if replacement or repair of a damaged or weakened component is not feasible, work shall be suspended until:

      a. The damaged or weakened component is replaced or repaired; or

      b. Another form of fall protection is utilized.

      8. The face of all slide guard members shall be ninety (90) degrees perpendicular to the roof surface.

      9. Unless required otherwise by the manufacturer’s specifications, all perpendicular slide guard members shall:

      a. Be number two (2) or better construction grade lumber;

      b. Have a minimum dimension of two (2) inches nominal by six (6) inches nominal;

      c. Use lumber that is free from cracks or other visible defects; and

      d. Use other type of material that meets the same dimensions and is equivalent in strength, with the engineering specifications available at the site for review.

      10. All perpendicular slide guard members shall be secured to the brackets and protected against cantilevering or failure due to material flex.

      11. All slide guard systems shall be on the same walking/working surface as the employee being protected.

      12. A continuous slide guard system below the walking or working area shall be installed along the eave no closer than six (6) inches from the eave and remain in place until the work is completed.

      13. Additional continuous slide guards systems shall be installed below each walking or working area no more than eight (8) feet apart vertically.

      14. The additional slide guards shall be installed using the following procedure:

      a. The employee, while standing on the slide guard below, shall secure the roof bracket, or jack, for the next slide guard;

      b. The employee shall install and secure the next perpendicular slide guard member;

      c. The employee shall then climb up to the new slide guard to continue work;

      d. This sequence shall be repeated as work proceeds up the roof;

      e. Once the work is complete and the slide guards are to be removed, the employee shall climb down to the next lower slide guard;

      f. The employee shall remove the perpendicular slide guard member from the slide guard above;

      g. The employee shall remove the roof brackets, or jacks, above;

      h. The employee shall repeat the sequence down the roof; and

      i. When all above slide guards have been removed, the slide guards at the eave shall be removed.

      15. Manufactured roof brackets, or jacks, shall:

      a. Be a minimum of six (6) inch brackets;

      b. Be secured according to the manufacturer’s specifications, limitations, and recommendations;

      c. Bear on a solid surface so that all anchors penetrate the roof’s surface and the rafter or truss below, unless specified otherwise by the manufacturer’s specifications;

      d. Not be spaced greater than eight (8) feet apart horizontally or according to the manufacturer’s specifications, whichever is less; and,

      e. Have the manufacturer’s specifications available at the jobsite for review if the manufactured roof brackets, or jacks, are not utilized in accordance with the provisions established in this subparagraph.

      16. Nonmanufactured, job, or site made slide guard systems shall comply with the provisions

established in this subparagraph.

      a. Horizontal members shall be anchored with a minimum of two (2) sixteen (16) "penny", or 16d, common nails at least every four (4) feet so that all nails penetrate the roof’s surface and the rafter or truss below.

      b. The face of all slide guard members shall be ninety (90) degrees perpendicular to the roof surface.

      c. Horizontal and perpendicular members shall be number two (2) or better construction grade lumber and have a minimum dimension of two (2) inches nominal by six (6) inches nominal.

      d. Perpendicular members shall be anchored to the horizontal members with a minimum of one (1) sixteen (16) "penny", or 16d, common nail at least every two (2) feet.

      e. The perpendicular member shall be provided with support bracing at least every six (6) feet.

      f. More than one (1) person shall not occupy any given eight (8) feet of a job made slide guard system.

      g. Engineering specifications shall be available at the site for review if the design or installation does not meet the minimum specifications established in this subparagraph. An engineer's seal shall not be required. Engineering specifications shall establish that nonmanufactured, job, or site made slide guard systems shall be equivalent to a system constructed in accordance with the provisions established in this subparagraph.]

 

      Section 4. Incorporation by Reference. (1) A "Non-Mandatory Sample Fall Protection Plan for Residential Construction", August 2005, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Labor Cabinet, 1047 US Highway 127 South, Suite 4, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the agency’s Web site at www.labor.ky.gov.

 

      Section 5. Effective Date. The amendments to this administrative regulation shall be effective January 1, 2017.

 

      As approved by the Kentucky Occupational Safety and Health Standards Board.

 

DERRICK RAMSEY, Chairman

      APPROVED BY AGENCY: June 14, 2016

      FILED WITH LRC: June 15, 2016 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 22, 2016 at 10:30 A.M. (EDT) at the Labor Cabinet, 1047 US HWY 127 South, Suite 4, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business August 1, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Kristi Redmon, OSH Standards Specialist, Kentucky Department of Workplace Standards, 1047 U.S. HWY 127 South, Suite 4, Frankfort, Kentucky 40601, phone [phone], fax [phone].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Kristi Redmon

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation, in Section 1, defines terms not found in the federal standard. Section 2 requires the construction industry to comply with the requirements of 29 Code of Federal Regulations (C.F.R.) 1926.500 through 1926.501(b)(12)and 1926.501(b)(14) through 1926.503, revised July 1, 2016, thus updating the C.F.R. and related Appendices. Section 3 of the regulation sets forth state specific requirements related to the residential construction industry and fall protection requirements. These requirements are being amended in order to meet the federal mandate to ensure regulations are at least as effective as OSHA. On August 9, 1994, OSHA first established 29 C.F.R. 1926.502(b)(13) addressing fall protection requirements for residential construction, which Kentucky promptly adopted under this KAR. In December of 1995, OSHA issued an instruction related to the enforcement of the residential construction standard under STD 3.1, which the Kentucky OSH Program agreed to temporarily follow until 2005. In February of 2005, the Kentucky OSH Program issued its own residential construction instruction in response to increased fatalities in the state. This instruction established Kentucky’s policy regarding residential construction and terminated Kentucky’s enforcement of STD 3.1. This policy differed from the federal policy by requiring employers to provide fall protection measures in compliance with 29 C.F.R. 1926.501(b)(13) or to implement an alternative measure complying with Appendix A of the Kentucky OSH Program instruction. After Kentucky issued this instruction, the residential construction industry expressed concerns. Kentucky worked closely with the industry to negotiate the state specific construction rule that became effective in Jan. of 2006 and is being amended. In December of 2010, OSHA implemented a stay of STD 3.1 until March of 2015 which included temporary enforcement measures. In May of 2013, the Kentucky OSH program received a notification from OSHA regarding the differences in their policies and standards related to residential construction. Kentucky responded to this letter, with OSHA’s main concern being Kentucky’s 10 feet trigger height versus the newly enforced trigger height of 6 feet by OSHA. Over approximately 1.5 years, the Kentucky OSH Program met with the Home Builders Association regarding this issue. Ultimately, OSHA declared Kentucky’s state specific rule that was created through negotiated rulemaking to be not as effective as the federal requirement in three areas: (1) the ten foot trigger height, (2) the permissible use of non-conventional fall protection methods, and (3) the sample fall protection plan. Through additional meetings with OSHA and the Home Builders, the Kentucky OSH Program was able to develop a new state specific rule that met OSHA’s approval. After the amendment, 803 Kentucky Administrative Regulation 2:412 still does not incorporate 29 C.F.R. 1926.501(b)(13); however all other provisions of Subpart M are applicable. Kentucky maintains its state specific definition of residential construction. The trigger height for fall protection is changed to six feet with an exception for certain residential construction activities that have a trigger height of 10 feet. Additionally, in certain limited residential construction activities, employers may implement a specific alternative fall protection measure established in the KAR while working at heights of 10 feet or greater. This regulation provided detailed alternative fall protection measures for flooring work, roof system work, attic work and roofing work. If an employer can demonstrate that it is infeasible or creates a greater hazard to use guardrail systems, safety net systems, personal fall arrest systems, or a measure established in this KAR for a particular workplace situation, the employer must develop and implement a written fall protection plan which meets the requirements of 29 C.F.R. 1926.502(k) for a particular workplace situation in lieu of implementing guardrail systems, safety net systems, personal fall arrest systems, or a measure provided in this KAR. The written fall protection plan must address the infeasibility of utilizing fall protection or the established measures. All changes to the KAR were adopted by the Kentucky OSH Standards Board on May 10, 2016.

      (b) The necessity of this administrative regulation: The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. In 2013, the Kentucky OSH Program received a letter from OSHA regarding significantly different policies and standards as it relates to residential fall protection. In 2015, OSHA’s Regional Administrator notified the OSH Program of three areas in 803 KAR 2:412 that were not considered as effective as OSHA’s requirements. Inasmuch, the Kentucky OSH Program is federally mandated to make the changes to this state specific provision of the KAR to be as effective as the federal program.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes of KRS Chapter 338.051 and 338.061.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will promote worker health and safety throughout Kentucky and keep the state program as effective as the federal program.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: Section 2 requires employers to comply with the requirements of 29 C.F.R. 1926. The amendment to the regulation revises the 10 foot trigger height requirement with some exception. It also removes the ability to use slide guards as a non-conventional fall protection method. These changes to the KAR were agreed upon in cooperation with OSHA and the homebuilders of Kentucky. This amendment also updates the administrative regulation to meet KRS Chapter 13A considerations.

      (b) The necessity of the amendment to this administrative regulation: The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. In 2013, the Kentucky OSH Program received a letter from OSHA regarding significantly different policies and standards as it relates to residential fall protection. In 2015, OSHA’s Regional Administrator notified the OSH Program of three areas in 803 KAR 2:412 that were not considered as effective as OSHA’s requirements. Inasmuch, the Kentucky OSH Program is federally mandated to make the changes to this state specific provision of the KAR to be as effective as the federal program. These changes were all adopted by the Kentucky OSH Standard Board on May 10, 2016.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to the content of the authorizing statutes of KRS Chapter 338.051 and 338.061.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment maintains consistency with the federal requirements, providing all a clear understanding of the requirements. This amendment promotes worker health and safety throughout Kentucky and keeps the state program as effective as the federal program.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation affects all employers in the Commonwealth engaged in construction industry activities covered by KRS Chapter 338.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Employers engaged in residential construction must comply with fall protection requirements at a lower trigger height and must not use slide guards as an non-conventional fall protection method.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Because the amendment requires no new occupational safety and health requirements that weren’t either required previously by the federal fall protection requirements or by the previous state-specific KAR, there is no expected new costs to employer.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3):

Improved employee protection is likely to result from the promulgation of this amendment due to the consistency with the federal requirement, providing all a clear understanding of the requirements.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: There will be no new cost to implement this specific amendment.

      (b) On a continuing basis: There will be no costs on a continuing basis to implement this amendment to the administrative regulation.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Current state and federal funding.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There is neither an increase in fees nor an increase in funding necessary to implement these revisions.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation neither establishes any fees nor directly or indirectly increases any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied. All employers covered by KRS Chapter 338 are treated equally.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate.

Public Law 91-596, the Occupational Safety and Health Act of 1970, Section 18; 29 C.F.R. Part 1952; 29 C.F.R. Part 1953

      2. State compliance standards. The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. In 2013, the Kentucky OSH Program received a letter from OSHA regarding significantly different policies and standards as it relates to residential fall protection. In 2015, OSHA’s Regional Administrator notified the OSH Program of three areas in 803 KAR 2:412 that were not considered as effective as OSHA’s requirements. Inasmuch, the Kentucky OSH Program is federally mandated to make the changes to this state specific provision of the KAR to be as effective as the federal program. The Kentucky Occupational Safety and Health Standards Board adopted this amendment on May 10, 2016.

      3. Minimum or uniform standards contained in the federal mandate. The Kentucky OSH Program is mandated by 29 C.F.R. Parts 1952 and 1953 to be at least as effective as OSHA. In 2013, the Kentucky OSH Program received a letter from OSHA regarding significantly different policies and standards as it relates to residential fall protection. In 2015, OSHA’s Regional Administrator notified the OSH Program of three areas in 803 KAR 2:412 that were not considered as effective as OSHA’s requirements. Inasmuch, the Kentucky OSH Program is federally mandated to make the changes to this state specific provision of the KAR to be as effective as the federal program. The Kentucky Occupational Safety and Health Standards Board adopted this amendment on May 10, 2016.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? Section 3 of this administrative regulation does impose stricter, additional, or different requirements or responsibilities than those required by the federal standards relating to residential construction. in that it allows alternative fall protection measures and keeps its sample fall protection plan that may be used when fall protection is infeasible.

      5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. Section 3 of this administrative regulation does impose stricter, additional, or different requirements or responsibilities than those required by the federal standards relating to residential construction. The amendment to this state specific provision is different in that it allows alternative fall protection measures and keeps its sample fall protection plan that may be used when fall protection is infeasible.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will affect any unit, part, or division of local government covered by KRS 338 and engaged in construction industry activities.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 338.051, KRS 338.061, Public Law 91-596 84 STAT. 1590, 29 C.F.R. Parts 1952 and 1953.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? There are no costs associated with this amendment.

      (d) How much will it cost to administer this program for subsequent years? There are no expected costs associated with the related amendments of this regulation.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): Unknown.

      Expenditures (+/-): Unknown.

      Other explanation: The specific amendment to this regulation is not expected to create any additional costs to the entities. No information was available specific to this state.

Notation

      RELATES TO: KRS 338.015, 338.031, 338.051, 338.061, 29 C.F.R. 1926.500-1926.503

      STATUTORY AUTHORITY: KRS 338.051(3), 338.061

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) and 338.061(1) require the Kentucky Occupational Safety and Health Standards Board to promulgate occupational safety and health administrative regulations. This administrative regulation establishes standards to be enforced by the Division of Occupational Safety and Health Compliance relating to fall protection in the construction industry. This administrative regulation requires employers to comply with federal standards except for certain limited residential construction activities[in which the fall protection trigger height is changed from six (6) feet to ten (10) feet]. When engaged in those limited activities, employers may choose compliance options not provided in the federal standards.