Labor & Employment (Workplace Safety)

Create a new section of KRS Chapter 342 to establish the Department of Workers' Claims to be administratively attached to the Office of the Governor; amend KRS 342.122 to provide that the combined budgets of the Occupational Safety and Health Review Commission, Workers' Compensation Nominating Committee, Department of Workplace Standards, and the proportional support for general administration and approved indirect cost allocation to the Education and Labor Cabinet, shall not exceed 75% of the total combined budget submitted by the Workers’ Compensation Funding Commission and that the Workers’ Compensation Funding Commission, the Department of Workers’ Claims, the Occupational Safety and Health Review Commission, the Workers’ Compensation Nominating Committee, the Department of Workplace Standards, excluding the Division of Wages and Hours contained within the Department of Workplace Standards, and the Education and Labor Cabinet, shall each submit a budget which shall be combined by the Workers’ Compensation Funding Commission and reflected in the enacted budget of the Commonwealth; amend KRS 342.228 to require the commissioner of the Department of Workers' Claims to have specified knowledge and experience in the areas of public administration, administrative law, and workers' compensation by having a minimum of 8 years of legal practice experience in the area of workers' compensation; amend KRS 342.230 to authorize the commissioner to fill all positions in the Department for Workers' Claims with KRS Chapter 18A employees; amend KRS 151B.015 to remove the Department of Workers' Claims from the Education and Labor Cabinet; amend various other sections to conform; provide that all records, equipment, staff, budgets, and unexpended funds associated with the Department of Workers' Claims shall be transferred as part of the reorganization; provide that all administrative regulations, decisions, and actions of the department that have not been repealed or rescinded shall continue in effect after the effective date of the Act, unless and until they are amended, repealed, or rescinded by the department after the effective date of this Act; EMERGENCY.

Amend KRS 338.991 to increase the civil penalties for employers who have violated any provision of KRS Chapter 338, received a citation for a violation of the requirements of KRS Chapter 338, or failed to correct a violation for which a citation has been issued; require the secretary for the Education and Labor Cabinet to annually adjust the maximum civil penalties beginning in 2026 by the percentage increase, if any, in the Consumer Price Index for all Urban Customers (CPI-U); direct the secretary to begin a 3 year phase-in for penalty adjustments beginning August 1, 2026.

Amend KRS 338.991 to establish the civil penalty for certain violations of KRS Chapter 338, relating to occupational safety and health, the federal Occupational Safety and Health Administration beginning on August 1, 2026; EFFECTIVE August 1, 2026.

Amend various sections of KRS 216.701 to 216.709 to define terms; require health facilities to display a notice in a prominent location advising of possible consequences of threatening or aggressive behavior toward health care workers; require health facilities to notify health care workers of changes to policies, procedures, or the workplace safety plan based on a health facility's required annual review; require that any health facility procedure for incidents of workplace violence shall require certain notifications for the victim.

Create a new section of KRS Chapter 338 to require employers to develop emergency action plans for the workplace; establish minimum requirements for the plans.