{"data":{"id":"us-ky/krs-338.121","jurisdiction":"us-ky","citation":"KRS 338.121","heading":"Request for inspection -- Discrimination against employee prohibited --","body":"Recourse.\n(1) Any employee, or representative authorized by the employees, who believes that a\nviolation of an occupational safety and health standard exists that threate ns physical\nharm, or that an imminent danger exists in their workplace, may request an\ninspection by giving notice to the commissioner of such violation or danger. Any\nsuch notice shall be reduced to writing, shall set forth with reasonable particularity\nthe grounds for the notice, including the date the violation is alleged to have\noccurred, and shall be signed by the employees or the representative authorized by\nthe employees, and a copy shall be provided to the employer or the employer's\nagent no later than at the time of inspection, except that, upon written request of an\nemployee giving such notice, his or her name shall not appear in such copy.\n(2) If upon receipt of notification, reasonable grounds evidence any violation or danger\nin the workplace, th en a special inspection shall be made in accordance with the\nprovisions of KRS 338.101 and 338.111. If no reasonable grounds evidence a\npotential violation or danger, then the commissioner shall notify the employee or\nthe representative authorized by the employees in writing of such determination.\n(3) (a) No person shall discharge or in any manner discriminate against any\nemployee because such employee has filed any complaint or instituted or\ncaused to be instituted any proceeding under or related to this c hapter or has\ntestified or is about to testify in any such proceeding or because of the\nexercise by such employee on behalf of himself or herself or others of any\nright afforded by this chapter; and\n(b) Any employee who believes that he or she has been dis charged or otherwise\ndiscriminated against by any person in violation of this subsection may,\nwithin thirty (30) days after such violation occurs, file a complaint with the\ncommissioner alleging such discrimination. Upon receipt of such complaint,\nthe comm issioner shall cause such investigation to be made as deemed\nappropriate. If upon such investigation, the commissioner determines that the\nprovisions of this subsection have been violated, he or she shall issue a\ncitation to the employer within six (6) mon ths of the occurrence of the\nviolation, which may be challenged or contested in accordance with the\nprovisions of this chapter and the review commission may order the rehiring\nand reinstatement of the employee to his or her former position with back pay.","path":["KRS Chapter 338"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56362","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:27Z","sha256":"62fdd584cdb82e5cbf0863c4d37faf0cb7516f4f9f8ba779258c5ca15bbaba25","source_id":"us-ky","stale":false,"prev":"us-ky/krs-338.120","next":"us-ky/krs-338.130"},"notice":"GroundRules: Original legal text. Not legal advice."}