338.121 Request for inspection -- Discrimination against employee prohibited --
401 words·~2 min read·
/ky/338-121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Recourse.
(1)Any employee, or representative authorized by the employees, who believes that a
violation of an occupational safety and health standard exists that threatens physical
harm, or that an imminent danger exists in their workplace, may request an
inspection by giving notice to the commissioner of such violation or danger. Any
such notice shall be reduced to writing, shall set forth with reasonable particularity
the grounds for the notice, including the date the violation is alleged to have
occurred, and shall be signed by the employees or the representative authorized by
the employees, and a copy shall be provided to the employer or the employer's
agent no later than at the time of inspection, except that, upon written request of an
employee giving such notice, his or her name shall not appear in such copy.
(2)If upon receipt of notification, reasonable grounds evidence any violation or danger
in the workplace, then a special inspection shall be made in accordance with the
provisions of KRS 338.101 and 338.111. If no reasonable grounds evidence a
potential violation or danger, then the commissioner shall notify the employee or
the representative authorized by the employees in writing of such determination.
(a)No person shall discharge or in any manner discriminate against any
employee because such employee has filed any complaint or instituted or
caused to be instituted any proceeding under or related to this chapter or has
testified or is about to testify in any such proceeding or because of the
exercise by such employee on behalf of himself or herself or others of any
right afforded by this chapter; and
(b)Any employee who believes that he or she has been discharged or otherwise
discriminated against by any person in violation of this subsection may,
within thirty
(30)days after such violation occurs, file a complaint with the
commissioner alleging such discrimination. Upon receipt of such complaint,
the commissioner shall cause such investigation to be made as deemed
appropriate. If upon such investigation, the commissioner determines that the
provisions of this subsection have been violated, he or she shall issue a
citation to the employer within six
(6)months of the occurrence of the
violation, which may be challenged or contested in accordance with the
provisions of this chapter and the review commission may order the rehiring
and reinstatement of the employee to his or her former position with back pay.