February 28, 1997

In re: Rebel M. Lee/Kentucky Labor Cabinet

Open Records Decision

This matter comes to the Attorney General as an appeal by Rebel M. Lee in connection with her request for access to various documents in the custody of the Kentucky Labor Cabinet.

In a letter to the Labor Cabinet, dated January 23, 1997, Ms. Lee requested copies of all records “relating to the investigation of an accident that occurred on October 10, 1996” at Warehouse 43 of the Phillip Morris USA Company.

Margaret Goodlett Miles, Paralegal, replied to Ms. Lee, on behalf of the Labor Cabinet, in a letter dated January 28, 1997. Ms. Miles advised Ms. Lee that all material in the pertinent file is releasable with the exception of the preliminary worknotes which were being withheld pursuant to KRS 61.878(1)(j). In addition, information identifying employees contacted was withheld pursuant to KRS 338.101(1)(a).

In her letter of appeal to this office, Ms. Lee referred to the portion of her request which had been denied and she requested that this office review the denial.

The question presented in this appeal under the Open Records Act is whether the Labor Cabinet properly relied upon KRS 61.878(1)(j) and KRS 338.101(1)(a) in partially denying Ms. Lee's request.

It is the decision of this office that 96-ORD-66, 95-ORD-100, 93-ORD-138, and OAG 92-90, copies of which are enclosed, and are incorporated into this decision by reference, are controlling. The Kentucky Labor Cabinet properly relied upon KRS 61.878(1)(j) and KRS 338.101(1)(a) in partially denying Ms. Lee's request for access to documents consisting of preliminary worknotes and information identifying employees contacted by the Labor Cabinet concerning the workplace accident.

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 shall be notified of any action filed in circuit court, but the Attorney General shall not be named as a party in that action or in any subsequent proceeding.

A. B. Chandler III

Attorney General

Thomas R. Emerson

Assistant Attorney General


Copies of this decision

have been distributed to:

Rebel M. lee

Attorney at Law

3450 National City Tower

101 S. Fifth Street

Louisville, Kentucky 40202

Margaret Goodlett Miles


Kentucky Labor Cabinet

1047 U.S. Highway 127 South, Suite 4

Frankfort, Kentucky 40601