2015 Kentucky Revised Statutes CHAPTER 338 - OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES 338.121 Request for inspection -- Discrimination against employee prohibited -- Recourse.
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338.121 Request for inspection -- Discrimination against employee prohibited -Recourse.
(1)
(2)
(3)
Any employee, or representative of employees, who believes that a violation of an
occupational safety and health standard exists that threatens physical harm, or that
an imminent danger exists, may request an inspection by giving notice to the
commissioner of such violation or danger. Any such notice shall be reduced to
writing, shall set forth with reasonable particularity the grounds for the notice, and
shall be signed by the employees or representative of employees, and a copy shall be
provided the employer or the employer's agent no later than at the time of
inspection, except that, upon the request of the person giving such notice, his or her
name and the names of individual employees referred to therein shall not appear in
such copy.
If upon receipt of notification, reasonable grounds are believed to exist for such
violation or danger, then a special inspection shall be made in accordance with the
provisions of KRS 338.101 and 338.111. If no reasonable grounds are believed to
exist for such violation of danger, then the commissioner shall notify the employee
or the representative of the employees in writing of such determination.
(a) No person shall discharge or in any manner discriminate against any employee
because such employee has filed any complaint or instituted or caused to be
instituted any proceeding under or related to this chapter or has testified or is
about to testify in any such proceeding or because of the exercise by such
employee on behalf of himself or herself or others of any right afforded by this
chapter; and
(b) Any employee who believes that he or she has been discharged or otherwise
discriminated against by any person in violation of this subsection may, within
a reasonable time after such violation occurs, file a complaint with the
commissioner alleging such discrimination. Upon receipt of such complaint,
the commissioner shall cause such investigation to be made as deemed
appropriate. If upon such investigation, the commissioner determines that the
provisions of this subsection have been violated, he or she shall issue a
citation to the employer which may be challenged or contested in accordance
with the provisions of this chapter and the review commission may order all
appropriate relief including rehiring and reinstatement of the employee to his
or her former position with back pay. Upon an initial determination by the
commissioner that an employee has been discharged by an employer in
violation of subsection (3)(a) of this section, the secretary of the Labor
Cabinet may order reinstatement of the employee pending a final
determination and order of the review commission.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1758, effective July 15, 2010. -Amended 1992 Ky. Acts ch. 134, sec. 1, effective July 14, 1992. -- Amended 1986
Ky. Acts ch. 177, sec. 1, effective July 15, 1986. -- Created 1972 Ky. Acts ch. 251,
sec. 13.
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