Two new Kentucky laws will soon reshape workplace safety rules and how courts review agency decisions — with big implications for employer compliance and litigation strategy. Lawmakers passed House Bill 398, which will bring consistency and clarity to Kentucky’s workplace safety laws, and Senate Bill 84, which will reform how courts review administrative agency decisions. Both bills survived a veto by Governor Andy Beshear and are now set to take effect on June 26. Here’s what Kentucky employers should to know about these new laws and their impact on workplaces across the state.
House Bill 398: Aligning Kentucky OSHA with Federal Standards
House Bill 398, introduced by Representative Thomas Walker on February 6, brings changes to Kentucky’s Occupational Safety and Health (OSHA) program. While many are familiar with federal OSHA, few people realize Kentucky is one of 22 states with a state-run OSHA program regulating both public and private sector employers with oversight from federal OSHA.
Since Kentucky is a state program, the state legislature has authority over how Kentucky OSHA administers its program. House Bill 398 seeks to improve consistency with Kentucky’s OSHA regulations and align Kentucky’s regulations more closely with federal OSHA regulations.
Senate Bill 84: Changing How Courts Review Administrative Agency Decisions
Senate Bill 84 focuses on how Kentucky courts review decisions of administrative agencies. Specifically, the new law aligns Kentucky with the recent blockbuster U.S. Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which overturned the longstanding Chevron doctrine. The Chevron case previously required courts to defer to agency interpretations of ambiguous laws, but the Supreme Court moved away from that mechanism and returned to a method of review that hands more power to courts. Read more about this game-changing decision and how it could impact your workplace.
Senate Bill 84 ensures Kentucky courts will now review agency decisions “de novo” (with a fresh, independent review), rather than automatically deferring to agency interpretations. This change is significant for employers, as many regulatory decisions are made by non-attorneys who may lack any formal legal training. By requiring courts to independently assess legal questions, Senate Bill 84 ultimately shifts decision-making power away from agencies and back into the hands of judges.
How These New Laws Will Benefit Kentucky Employers
Despite opposition, these bills introduce several employer-friendly reforms that promote legal consistency and fair regulatory enforcement in Kentucky including new safety standards and new court review standards. We will also outline what these bills do not change.
