1. (a) "Undue burden" means significant difficulty or expense.

2. (b) In determining whether an action would result in an undue burden, factors to be considered shall include:

   1. (1) the nature and cost of the action needed under the act;

   2. (2) the overall financial resources of the site or sites involved in the action considering:

      1. (A) the number of persons employed at the site;
      2. (B) the effect on expenses and resources;
      3. (C) legitimate safety requirements that are necessary for safe operation, including crime prevention measures; and
      4. (D) how the action would otherwise impact the operation of the site; and

   3. (3) whether the site or sites in question have a parent corporation or entity, and if so:

      1. (A) the geographic separateness, and the administrative or fiscal relationship of the site or sites in question to the parent corporation or entity;
      2. (B) the overall financial resources of any parent corporation or entity;
      3. (C) the overall size of the parent corporation or entity with respect to the number of its employees;
      4. (D) the number, type, and location of the parent corporation's or entity's facilities; and
      5. (E) the type of operation or operations of any parent corporation, including the composition, structure, and functions of its workforce.

(Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009; effective Dec. 19, 1994.)