RELATES TO: KRS Chapter 338, 29 C.F.R. 1910.101 - 1910.126
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 338.051(3) requires the
Kentucky Occupational Safety and Health Standards Board to promulgate
occupational safety and health administrative regulations necessary to
accomplish the purposes of KRS Chapter 338. 29 C.F.R. 1910.101 - 1910.126
establishes federal requirements relating to hazardous materials. This
administrative regulation establishes hazardous materials standards to be
enforced by the Department of Workplace Standards in general industry.
Section 1. Definitions.
(1) "Assistant secretary" means Secretary,
Education and Labor Cabinet, or Commissioner, Department of Workplace
Standards, Education and Labor Cabinet.
(2) "C.F.R." means Code of Federal
Regulations.
(3) "Employee" is
defined by KRS 338.015(2).
(4) "Employer" is defined by
KRS 338.015(1).
(5) "Standard" means "occupational safety and
health standard" as defined by
KRS 338.015(3).
Section 2. Except as modified by the
definitions in Section 1 of this administrative regulation and the requirements
established in Section 3 of this administrative regulation, general industry
shall comply with the following federal requirements published by the Office of
the Federal Register, National Archives and Records Services, General Services
Administration:
(2) The revisions to
29 C.F.R.
1910.106 as published in the March 1, 2016,
Federal Register, Volume 81, Number 40.
Section 3. Automotive Service Station.
(1) The language in subsection (2) of this
section shall apply in lieu of
29 C.F.R.
1910.106(a)(3).
(2) Automotive service station, or service
station, shall include that portion of property where flammable or combustible
liquids used as motor fuels are stored and dispensed from fixed equipment into
the fuel tanks of motor vehicles and shall include any facilities available for
the sale and service of tires, batteries, or accessories, and for minor
automotive maintenance work, and shall also include private stations not
accessible or open to the public such as those used by commercial, industrial,
or governmental establishments. This section shall not apply to
agriculture.
