KRS 338.121: Request for inspection -- Discrimination against employee prohibited --

Recourse.

(1) Any employee, or representative authorized by the employees, who believes that a

violation of an occupational safety and health standard exists that threate ns 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, th en 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.

(3) (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 c hapter 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 dis charged 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 comm issioner 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) mon ths 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.