— by Rep. Al Gentry —
I know firsthand what a workplace injury can take from you. When my arm was pulled into an auger drill in seconds, I saw my life flash before my eyes. Thankfully, a co-worker stopped the machine before it killed me, but I still lost my dominant arm.
Since that horrific accident, I have dedicated my life to helping people with disabilities and keeping Kentucky workers safe, twin goals that have become a chief focus of my career in public service. That is why I am speaking out against House Bill 398 and its effort to weaken workplace safety standards.
This legislation – sponsored by Rep. Walker Thomas of Christian County and backed by the Kentucky Chamber of Commerce and House Republicans – would remove all Kentucky-specific occupational safety regulations.
The bill harms workers
That includes critical measures like safety procedures for first aid training and kits in the workplace, and how to handle toxic, hazardous substances and carcinogens. It removes the harnessing requirements we have in place for residential construction, steelworkers, and crane operators above 10 feet. Taking away these critical protections would make Kentuckians less safe and lead to an increase in workplace fatalities.
Since 1973, Kentucky has operated a state occupational safety and health program approved by U.S. Department of Labor Occupational Safety and Health Administration. For 52 years, Kentucky has had critical safety enforcement authority over non-federal places to work. According to the U.S. Bureau of Labor Statistics, our state’s workplace injury and illness rates are the lowest they’ve been since tracking began in 1997. Why would we throw that away?
The bill harms businesses
As a federally approved state program, Kentucky plays a leading role in our own safety regulations, while working in tandem with the federal government. House Bill 398 risks this autonomy, and could lead to the federal government taking over jurisdiction.
There are some important points to know should that takeover occur. Kentucky’s maximum penalty is $7,000 per violation, but under federal jurisdiction, the penalty is $16,550. Kentucky’s maximum penalty for a willful violation is $70,000. Under federal jurisdiction, that penalty is $161,514. If House Bill 398 becomes law, Kentucky businesses could see penalties skyrocket while losing the local oversight that helps ensure compliance and prevent accidents in the first place.
Additionally, under federal jurisdiction, no public sector employee has any safety and health protections. Firefighters, law enforcement officers, emergency responders, school teachers, corrections officers, and many more county and state workers who keep our communities safe would lose critical safety protections. That is not how we should treat people who run into burning buildings, who defend our lives, who teach our children, and who oversee other government services we all count on.
HB 398 is a bad bill, and needs to be stopped
I’ve lived the consequences of inadequate safety measures. I know what it’s like to wake up every day and navigate a world that wasn’t designed for people with disabilities. No worker should have to endure that kind of loss when we have the power to prevent it. Yet, House Bill 398 moves us in the wrong direction, stripping away protections and exposing workers to greater harm.
House Bill 398 isn’t about making workers safer. It’s about cutting corners at the expense of working Kentuckians. I urge my fellow legislators and the people of this state to stand against it. Our workers deserve better. Our families deserve better. And as someone who has paid the price for unsafe working conditions, I refuse to stand by and watch history repeat itself.
We must say No to House Bill 398 and Yes to protecting Kentucky’s workers. Their safety — and their lives — depend on it. If you agree, please reach out to your legislator by calling the General Assembly’s toll-free message line at 1-800-372-7181. Leave a message for your own representatives, or for the entire House and Senate, to vote NO ON HB 398.
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