When employers in the Commonwealth are cited by the Kentucky Labor Cabinet
, Division of Occupational Safety and Health Compliance
for alleged violations of Kentucky's Occupational Safety and Health Act and Standards, and the employer or an employee contests the citations, the KOSH Review Commission provides an opportunity for the contesting party to come to a hearing and defend against the citations and penalties.
According to KRS 338.071, the KOSH Review Commission is an independent agency. The commission is composed of three members who are appointed by executive order of the governor. Each member is appointed based upon a specific area of expertise: one member represents the interests of employers, one represents the interests of employees and one represents the occupational safety and health profession. The members must have a minimum of five years' experience in their respective areas of expertise. This diversity assures that the interests of all litigants appearing before the commission are represented and that due process of law is provided with an even hand.
Hearings are presided over by a hearing officer who is employed by the Review Commission to consider all the evidence presented at the hearing and make written recommendations to the Review Commission concerning whether the citations and penalties should be upheld, modified or dismissed.
Any party who disagrees with the findings of the hearing officer may ask the full Review Commission to consider the case further. If a party does not request further consideration of the hearing officer's recommendations, any commission member can order review. The Review Commission has the authority to uphold, modify or vacate citations and/or penalties. Final orders of the KOSH Review Commission can be appealed to Franklin Circuit Court