Occupational Safety and Health Lien KRS 338.201

A lien may be placed on all property, both real and personal, of an employer who has violated any requirement of the statutes on Occupational Safety and Health of Employees.  The lien shall be in favor of the Labor Cabinet and shall be an amount totaling the penalties due, together with interest at a rate of twelve percent (12%) per annum from the date the order of the review commission is final, but not before all administrative and judicial appeals have been exhausted.

The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer.

The document requires:
•    The commissioner of the Labor Department (or his designee) shall record the lien.
•    The lien will be against the name and last known address of the employer against whom the assessment was made
•    The lien shall show the date on which the citation was issued, the date of the violation.
•    The amount of penalties and interest
•    The lien shall be superior to the lien of any mortgage or encumbrance thereafter created and shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged.

Place of Recording:
The lien shall be filed in any of the following offices in which the employer owns property or rights to property:
o    The office of the county clerk of the county in which the defendant employer resides.
o    The office of the county clerk of the county in which the defendant employer has its principal place of business.
o    The office of the county clerk of any county in which the defendant employer has property or an interest in property.

All filing fees have been waived by statute KRS 338.201(2)