KRS 338.021: Exclusions.

(1) This chapter applies to all employers, employees, and places of employment

throughout the Commonwealth except the following:

(a) Employees of the United States government; and

(b) Employers, employees and places of employment over which federal

agencies other than the Occupational Safety and Health Administration of

the United States Department of Labor exercise statutory authority to

prescribe or enforce standards or regulations affecting occupational

safety and health.

(2) (a) Notwithstanding any voluntary agreement entered into between the

United States Department of Labor and a franchisee, neither a franchisee

nor a franchisee's employee shall be deemed to be an employee of the

franchisor for any purpose under this chapter.

(b) Notwithstanding any voluntary agreement entered into between the

United States Department of Labor and a franchisor, neither a franchisor

nor a franchisor's employee shall be deemed to be an employee of the

franchisee for any purpose under this chapter.

(c) For purposes of this subsection, "franchisee" and "franchisor" have the

same meanings as in 16 C.F.R. sec. 436.1.

(3) Nothing in this chapter shall be construed to supersede or in any manner affect

any workers' compensation law or to enlarge or diminish or affect in any

manner the common law or statutory rights, duties, or liabilities of employers or

employees, under any law with respect to injuries, diseases, or death of

employees arising out of, or in the course of employment.