National COSH Sounds Alarm on Kentucky’s HB 398

The National Council for Occupational Safety and Health (National COSH) is raising urgent concerns about Kentucky’s proposed House Bill 398 (HB 398), legislation that threatens to dismantle essential workplace safety protections in a state already grappling with alarmingly high workplace fatality rates – 5.0 per 100,000 workers, significantly above the national average of 3.5. The implications of this bill extend far beyond Kentucky, potentially setting a precedent that could undermine worker safety standards nationwide.

Key Provisions of HB 398:

• Restricting State Enforcement – Prohibits Kentucky from enforcing safety regulations that exceed federal standards, lowering the bar for workplace safety;
• Revealing Worker Identities – Mandates the disclosure of the identities of workers who file complaints, discouraging reports of unsafe conditions due to fear of retaliation;
• Financial Liabilities on the State – Allows courts to impose penalties on the Department of Workplace Standards for enforcing safety laws, deterring necessary regulatory actions;
• Limiting Retaliation Claims – Shortens the timeframe for workers to file complaints and for the state to issue citations, making it harder to hold employers accountable;
• Restricting Third-Party Inspections – Prevents third parties, such as family members and advocacy groups, from requesting inspections on behalf of workers, limiting external support; and
• Confusing Representation During Inspections – Creates ambiguity around who can serve as a third-party representative during inspections, restricting effective advocacy.

Call to Action:

National COSH urges Kentucky legislators to reject HB 398 and instead focus on strengthening protections that empower workers to report hazards without fear of retaliation. Implementing measures that support a culture of safety is essential to safeguarding the lives of Kentucky’s workers.

For more information, visit https://www.nationalcosh.org.