National COSH Warns of Dangerous Legislation in Kentucky
Kentucky’s HB 398 threatens to weaken workplace safety protections, putting workers at risk nationwide.
- By Stasia DeMarco
- Mar 14, 2025
The National Council for Occupational Safety and Health (National COSH) is raising urgent concerns about Kentucky’s proposed House Bill 398 (HB 398), legislation that threatens to dismantle essential workplace safety protections in a state already grappling with alarmingly high workplace fatality rates – 5.0 per 100,000 workers, significantly above the national average of 3.5. The implications of this bill extend far beyond Kentucky, potentially setting a precedent that could undermine worker safety standards nationwide.
"This bill undermines essential protections that are crucial for keeping workers safe and healthy," said Jessica E. Martinez, Executive Director of National COSH. "We cannot allow legislation that places the lives of workers at risk and fosters an environment where speaking out against unsafe conditions is not only discouraged but also dangerous. What happens in Kentucky can set a troubling precedent for workers everywhere."
Key Provisions of HB 398:
- Restricting State Enforcement – Prohibits Kentucky from enforcing safety regulations that exceed federal standards, lowering the bar for workplace safety.
- Revealing Worker Identities – Mandates the disclosure of the identities of workers who file complaints, discouraging reports of unsafe conditions due to fear of retaliation.
- Financial Liabilities on the State – Allows courts to impose penalties on the Department of Workplace Standards for enforcing safety laws, deterring necessary regulatory actions.
- Limiting Retaliation Claims – Shortens the timeframe for workers to file complaints and for the state to issue citations, making it harder to hold employers accountable.
- Restricting Third-Party Inspections – Prevents third parties, such as family members and advocacy groups, from requesting inspections on behalf of workers, limiting external support.
- Confusing Representation During Inspections – Creates ambiguity around who can serve as a third-party representative during inspections, restricting effective advocacy.
Kentucky has historically maintained occupational safety and health standards that exceed federal requirements, tailored to protect its workforce effectively. However, HB 398 threatens to dismantle these essential safeguards.
"Weakening OSHA deprives agencies of the resources they need to protect health and safety, leaving workers vulnerable," Martinez stated. "This legislation cultivates a climate of fear, allowing employers to neglect critical safety measures. The repercussions of this bill will be felt beyond Kentucky, endangering workers across the country."
Kentucky’s Alarming Workplace Fatality Rates:
In 2023, Kentucky recorded 100 work-related fatalities, a rate of 5.0 per 100,000 workers – far exceeding the national average of 3.5. This concerning statistic, particularly in the construction and transportation sectors, underscores the urgent need for stronger safety regulations, not the weakened standards proposed by HB 398.
National COSH urges Kentucky legislators to reject HB 398 and instead focus on strengthening protections that empower workers to report hazards without fear of retaliation. Implementing measures that support a culture of safety is essential to safeguarding the lives of Kentucky’s workers.
"If this were to happen, it would set a bad example for the entire country, and we hope that no state considers proposing such a policy," Martinez emphasized. "We cannot afford to let such policies take root in any state. The safety of workers in Kentucky is a matter of national importance."
About the Author
Stasia DeMarco is the Content Editor for OH&S.