Kentucky state plan approval

The Kentucky State Plan received initial approval on July 31, 1973. See 1952.11(a).

The Kentucky State Plan received final approval on June 13, 1985. See 1952.11(b).

The approved compliance staffing benchmarks for Kentucky were 23 safety compliance officers and 14 health compliance officers. See 1952.11(c).

Compliance staffing benchmarks were established because a 1978 court order in AFL-CIO v. Marshall required States with approved plans to set staffing levels necessary for a "fully effective" enforcement program. See 1952.11(c).

The Kentucky State Plan covers all private-sector employers and employees (with several notable exceptions) and covers State and local government employers and employees within Kentucky. For the statutory statement, see 1952.11(d).

Current information on exceptions and additional details is available through the Kentucky State Plan information referenced in the regulation; see 1952.11(d).

Kentucky enforces its own State Plan standards that are at least as effective as federal OSHA standards rather than federal OSHA standards directly. See Part 1952 and 1952.11.

A federal OSHA Letter of Interpretation does not automatically become Kentucky policy, because Kentucky enforces its own approved State Plan standards; however, such letters are useful guidance and Kentucky may adopt similar interpretations. See Part 1952 and 1952.11.

OSHA generally does not consider contact with diluted raw sewage (not originating from a healthcare facility or other bulk source of blood/OPIM) to be covered by the Bloodborne Pathogens Standard. See the interpretation Bloodborne pathogens in wastewater (July 30, 2007) which explains coverage is triggered by the presence or reasonably anticipated presence of blood or other potentially infectious materials under 29 CFR 1910.1030.

Wastewater employees should be offered the hepatitis B vaccination if their job duties create occupational exposure to blood or other potentially infectious materials (OPIM), for example if they render first aid, work in a health station, or routinely handle used hypodermic needles. See Bloodborne pathogens in wastewater (July 30, 2007) which explains employers must evaluate job tasks for reasonably anticipated exposure under 29 CFR 1910.1030.

Yes; based on the facts in that letter, a small-capacity power-ventilated structure used 1–2 times per week for spray painting meets the definition of a spray booth under the applicable regulations. See Spray booth standards inquiry (August 12, 2004).

Yes; if a structure meets the definition of a spray booth, it must be equipped with approved automatic sprinklers on the upstream and downstream sides of the filters as explained in the interpretation. See Spray booth standards inquiry (August 12, 2004).

Yes; OSHA allows a dry chemical extinguishing system or a carbon dioxide system to be used in place of automatic sprinklers if the alternative system meets OSHA requirements and provides equivalent protection. See Spray booth standards inquiry (August 12, 2004).

Storage of flammable materials used with spray booths must meet the requirements of the flammable and combustible liquids standard; the letter points to those provisions and advises following 29 CFR 1910.106 for design, construction, ventilation, and fire protection. See Spray booth standards inquiry (August 12, 2004).