Under 29 CFR 1910, employers are not automatically required to provide first aid. As of July 2025, Kentucky’s final amendment to its Occupational Health and Safety Act went into effect. House Bill 398, and Senate Bill 84 significantly brought Kentucky’s state OSHA plan more in line with the federal OSHA regulations. Below are quick highlights of some of the significant changes.
HB 398: Employer First Aid Requirement
Up until July of 2025, Kentucky all employers with eight or more employees in Kentucky were required to train employees in first aid and make adequate first-aid supplies readily available. However, an emergency amendment of 803 KAR 2:310, First Aid, went into effect on July 1, 2025, amending Kentucky’s previous first aid requirement to comply with 29 C.F.R. Part 1910, Subpart K, Medical First Aid, the federal OSHA regulation regarding first aid. Thus, now, Kentucky employers are not required to have an employee trained on first aid unless a hospital, clinic, infirmary, etc. is not reasonably accessible or within near proximity to the employer. If not reasonably accessible or within near proximity, an employer is required to train an employee on first aid pursuant to the federal regulation. Federal OSHA interpretation letters suggest that “reasonably accessible” or “within near proximity” means emergency care being reasonably accessible minutes of an employer. Kentucky employers should take a look at their geographical surroundings and determine whether emergency care is within 3 to 4 minutes of it, such as a hospital, infirmary, clinic, etc. If it is determined such care is not reasonably or within near proximity, the Kentucky employer should consider training an employee on site to be prepared to render first aid.[1]
HB 398: Statute of Limitations Period and Repeat Citations
There is now a statute of limitations period for issuing violations. There is now a 6-months limitation period for KY OSHA to issue safety citations. Also, if an employee is believed to have been discharged or otherwise discriminated against for making a workplace safety complaint, the individual has 30 days after the violation occurred to file a complaint with the commissioner. Further, HB 398 reduced the time period during which “repeat” citations may be issued from 5 years to 3 years.
SB 48: De Novo Legal Standard
SB 84 created new sections of KRS Chapter 446 and KRS Chapter 13A and amended KRS 13B.150. In amending these sections, the amendment established a de novo legal standard for judicial review of agency actions. Essentially, this means that a judicial review of an agency’s decision will be viewed through a fresh look, without giving any deference to the agency’s determination of a violation. This new law aligns Kentucky with the 2024 landmark ruling of Loper Bright Industries v. Raimondo, 603 U.S. 369 (2024), removing the state agency’s entitlement to deference before a reviewing court.
Compared to some of Kentucky’s prior regulations, these amendments provide Kentucky employers freedom from previous stringent violations. We encourage employers to consult and strategize with Seyfarth’s Workplace Safety and Environment counsel to examine, review, and update workplace safety training, policies, practices, and procedures to protect the health and safety of employees while remaining compliant. Seyfarth will continue to monitor these ongoing regulatory efforts for any notable developments.
[1] If an employer training employees to provide first aid and employer expects to render aid at work, then the employee is covered by the Blood Borne Pathogen Standard 29 CFR 1910.1030.
