March 24, 2023

Final Notice to Cities from KYOSH

The Education and Labor Cabinet Department of Workplace Standards is preparing a final notice to dozens of cities regarding the opportunity to participate in the Cabinet’s KYSAFE consultative safety and health services. If cities do not request the service, the Cabinet will place the municipal government on the programmed inspection list. Being placed on this list has the potential to result in a programmed inspection from the Kentucky Occupational Safety and Health (KYOSH) Division of Compliance.

Public administration employers, which include cities, were identified in 2022 as having higher than average injury rates. That conclusion is based on Bureau of Labor Statistics data and the incidence rate for total recordable cases (TRC) per 100 full-time equivalent workers. Public administration’s TRC rate was over twice the average incidence rate for all Kentucky employers.

This higher rate is likely due to the COVID-19 pandemic and public safety employees who could not work remotely as many private sector employees did. Additionally, many cities maintain one OSHA 300 log for record-keeping purposes rather than a separate log for each site location, which could also cause a higher rate.

KYSAFE is a free service that includes a comprehensive survey, on-site consultant visits, and written reports. During the on-site visits, hazards may be identified and included in the written reports. Cities that participate are required to provide a written abatement form for any identified “serious” hazard.

All results are confidential, and the Division of Compliance cannot access the files. However, if a city refuses to correct a serious hazard, KYSAFE will forward the city to the KYOSH Division of Compliance for inspection. 

The Division of Compliance and Division of Education and Training function independently, and a request to participate in KYSAFE consultative services will not increase the chance of a compliance inspection. In fact, cities participating in KYSAFE will be deferred from the KYOSH Division of Compliance programmed inspection cycle.

Please contact KLC Loss Control Manager Aaron Parrish or your local KLC loss control consultant if you have any questions.