Skip to main content

Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decisions

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky Labor Cabinet properly relied on KRS 61.878(1)(j) and KRS 338.101(1)(a) in partially denying Jennifer J. Meyer's July 15, 1998, request to inspect "all documents prepared by and/or utilized by KOSHA during any and all inspections of an accident which took place on June 25, 1997 at North American Stainless." We believe that OAG 92-90, and the authorities cited therein, is controlling on the issue of preliminary work notes, and that 92-ORD-1441, and the authorities cited therein, is controlling on the issue of employee statements. Copies of these opinions are attached hereto and incorporated by reference. We find no error in the Labor Cabinet's partial denial of Ms. Meyer's request.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The decision finds that the Kentucky Labor Cabinet properly relied on specific statutory exemptions to partially deny an open records request for documents related to a workplace accident inspection. The decision follows previous Attorney General opinions regarding the treatment of preliminary work notes and employee statements in open records requests.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Jennifer J. Meyer
Agency:
Kentucky Labor Cabinet
Type:
Open Records Decision
Lexis Citation:
1998 Ky. AG LEXIS 101
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.