Kentucky Occupational Safety & Health Review Commission v. Estill County Fiscal Court

Mary Smith was discharged from her employment with the Estill County Fiscal Court after complaining about working conditions. The Kentucky Occupational Safety and Health Review Commission found that the Fiscal Court’s discharge of Smith was a violation of Ky. Rev. Stat. 338.121(3)(a) because her letter constituted an occupational health “complaint.” The circuit court affirmed. The court of appeals reversed, holding that the Commission exceeded its statutory authority by interpreting what action constitutes a “complaint” under the Kentucky Occupational Safety and Health Act (KOSHA) because only the Kentucky Occupational Safety and Health Board, the quasi-legislative body under KOSHA, could interpret the meaning of undefined terms. The Supreme Court reversed the court of appeals and reinstated the final order of the Commission, holding that the Commission reasonably interpreted the word “complaint,” and that interpretation was in accord with the purpose of KOSHA.