Tenn. Code Ann. § 50-6-121 — TN Code / Title 50 / Chapter 6 / Section 50-6-121
Advisory council on workers' compensation
Status: in_force

(a) (1) (A) There is created an advisory council on workers' compensation. There shall be seven (7) voting members of the council, with three (3) representing employers, three (3) representing employees, and one (1) member who shall serve as the chair and who shall be the state treasurer or the state treasurer's designee. There shall be ten (10) nonvoting members of the council. All members shall have a demonstrable working knowledge of the workers' compensation system. (B) The chair shall preside at meetings of the council and, in consultation with the voting members of the council, shall supervise the work of the staff of the council. The council shall meet at the call of the chair or at the written call of four (4) voting members of the council which written call shall be delivered to the chair. The chair may vote only on matters related to the administration of the council or the council's research. The chair is not permitted to vote on any matter that constitutes the making of a policy recommendation to the governor or to the general assembly. (C) The speaker of the house of representatives, the speaker of the senate and the governor shall each appoint one (1) employer and one (1) employee representative to the council, who shall be voting members. Representatives, officers and employees from labor organizations or business trade organizations are eligible for appointment. In making the appointments of the employer representatives, the appointing authorities shall strive to ensure a balance of a commercially insured employer, self-insured employer or an employer who operates a small business. At least one (1) employee representative shall be from organized labor. Proxy voting is prohibited by voting members of the council; provided, however, that in instances where a voting member will be absent from a vote of the council, the member's appointing authority is authorized to appoint an alternate or designee for the vote or votes. (D) Voting members shall serve four-year terms and the terms shall be staggered so that the terms of only three (3) voting members shall terminate at the same time. All four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (E) (i) The governor shall also appoint ten (10) nonvoting members of the council as follows: one (1) to represent local governments, one (1) to represent insurance companies, five (5) to represent health care providers and three (3) attorneys. The nonvoting local government representative may be appointed from lists of qualified persons submitted by interested municipal and county organizations including, but not limited to, the Tennessee Municipal League and the Tennessee County Services Association. The nonvoting insurance company representative may be appointed from lists of qualified persons submitted by interested insurance organizations including, but not limited to, the Property Casualty Insurers Association of America and the American Insurance Association. One (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested medical organizations including, but not limited to, the Tennessee Medical Association and one (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested hospital organizations including, but not limited to, the Tennessee Hospital Association. One (1) nonvoting health care provider representative shall be a chiropractor who is licensed in this state, one (1) nonvoting health care provider representative shall be a physical therapist who is licensed in this state, and one (1) nonvoting health care provider representative shall be an occupational therapist who is licensed in this state, and these members shall not receive reimbursement for travel expenses. The nonvoting attorney members shall be appointed as follows: one (1) who shall primarily represent injured workers' compensation claimants, who may be appointed from lists of qualified persons submitted by interested justice organizations including, but not limited to, the Tennessee Association for Justice; one (1) who shall primarily represent employers or workers' compensation insurers, who may be appointed from lists of qualified persons submitted by interested defense lawyer organizations including, but not limited to, the Tennessee Defense Lawyers Association; and one (1) who may be appointed from lists of qualified persons submitted by interested legal organizations including, but not limited to the Tennessee Bar Association. (ii) The appointing authorities shall consult with interested groups including, but not limited to, the organizations listed in subdivision (a)(E)(i) to determine qualified persons to fill positions on the council. (F) The nonvoting members shall be appointed to four-year terms that shall begin on July 1 and terminate on June 30, four (4) years thereafter. (G) The chair of the commerce and labor committee of the senate, the chair of the commerce committee of the house of representatives, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance, or their designees, shall be ex officio, nonvoting members of the council. (2) Each voting and nonvoting member of the advisory council on workers' compensation shall, upon the expiration of the member's term, be eligible for reappointment and shall serve until a successor is appointed. In the event a member resigns or becomes ineligible for service during the member's term, a successor shall be appointed by the appropriate appointing authority to serve the remainder of the term. (3) No employer shall discriminate in any manner against an employee who serves on the advisory council because of the employee's service. Employees who serve on the advisory council shall not be denied any benefit from their employer because of the employee's service. Travel expenses of the employee representatives on the council shall be reimbursed pursuant to subsection (b); however, employers may choose to pay the travel expenses of their employees' service on the advisory council according to their own policies. (b) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the council: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the council shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the council, prior to serving as a member of the council. This subdivision (b)(1)(A) shall apply to all persons appointed or otherwise named to the council after July 1, 2010; (B) No person who is a member of the council shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the council during such person's period of service as a member of the council. This subdivision (b)(1)(B) shall apply to all persons appointed or otherwise named to the council after July 1, 2010, and to all persons serving on the council on such date who are not registered as lobbyists; and (C) No person who serves as a member of the council shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the council for one (1) year following the date such person's service on the council ends. This subdivision (b)(1)(C) shall apply to persons serving on the council as of July 1, 2010, and to persons appointed to the council subsequent to such date. (2) A person who violates this subsection (b) shall be subject to the penalties prescribed in title 3, chapter 6. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 . (c) In addition to all other requirements for membership on the council, all persons appointed or otherwise named to serve as members of the council after July 1, 2010, shall be residents of this state. (d) Members of the council shall not be paid but may be reimbursed for travel expenses. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (e) The council shall meet at least twice each year. It shall annually review workers' compensation in the state and shall issue a report of its findings and conclusions on or before July 1 of each year. The annual report shall be sent to the governor, the speakers of the house of representatives and the senate, the chair and vice-chair of the special joint committee on workers' compensation, the administrator of the bureau of workers' compensation, the commissioner of commerce and insurance and the clerks of the house of representatives and senate. Notice of the publication of the annual report and all other reports published by the council shall be provided to all members of the general assembly pursuant to § 3-1-114 . (f) In performing its responsibilities, the council's role shall be strictly advisory, but it may: (1) Make recommendations to the governor, the general assembly, the special joint committee on workers' compensation, the standing committees of each house that review the status of the workers' compensation system, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance relating to the promulgation or adoption of legislation or rules; (2) Make recommendations to the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance regarding the method and form of statistical data collections; and (3) Monitor the performance of the workers' compensation system in the implementation of legislative directives. (g) The chair, in consultation with the voting members of the council, is authorized to retain staff and professional assistance, such as consultants and actuaries, as the chair deems necessary for the work of the council, subject to budgetary approval in the general appropriations act. For administrative purposes, the council shall be attached to the department of treasury for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The state treasurer shall have administrative and supervisory control over the staff assigned to assist the council. Employees of the council shall not have the status of preferred service employees pursuant to title 8. The autonomy of the council and its authority are not affected by this subsection (g). (h) The council may develop evaluations, statistical reports and other information from which the general assembly may evaluate the impact of the legislative changes to workers' compensation law, including, but not limited to, the Reform Act of 2004 and subsequent statutory changes to this chapter. (i) The advisory council shall issue an annual report that includes a summary of significant supreme court decisions relating to workers' compensation, including an explanation of their impact on existing policy. The report shall be due on or before January 15 of each year and shall include, to the extent possible, the decisions that were issued during the preceding calendar year. This annual report shall be sent to the governor, the speaker of the house of representatives, the speaker of the senate, the chair of the commerce committee of the house of representatives, the chair of the commerce and labor committee of the senate, and the chair and co-chair of the special joint committee on workers' compensation. Notice of the publication of the report shall be provided to all members of the general assembly pursuant to § 3-1-114 . (j) The advisory council on workers' compensation shall, within ten (10) business days of each meeting it conducts, provide a summary of the meeting and a report of all actions taken and all actions recommended to be taken to each member of the commerce committee of the house of representatives and the commerce and labor committee of the senate. (k) Whenever any bill is introduced in the general assembly proposing to amend this chapter or to make any change in workers' compensation law, or to make any change in the law that may have a financial or other substantive impact on the administration of workers' compensation law, the standing committee to which the bill is referred may refer the bill to the council. The council's review of bills relating to workers' compensation should include, but not be limited to, bills that propose to amend chapters 3, 6, 7, and 9 of this title, and title 56, chapters 5 and 47. All bills referred to the council shall be reported back to the standing committee to which they were assigned as quickly as reasonably possible. Notwithstanding the absence of a report from the council, the standing committee is free to consider the bill at any time. The chair making the referral shall immediately notify the prime sponsors of the referral and the council shall not review and comment on the proposed legislation until the prime sponsors have been notified. The comments of the council shall describe the potential effects of the proposed legislation on the workers' compensation system and its operations and any other information or suggestions that the council may think helpful to the sponsors, the standing committees or the general assembly. The comments of the council may include recommendations for or against passage of the proposed legislation. Other than reporting the recommendations for or against passage of proposed legislation and responding to any questions that the legislators may have, no staff of the advisory council shall lobby or advocate for or against passage of proposed legislation. (l) The council shall study and report on the occupational health and safety of employment in Tennessee and make recommendations for safe employment education and training and promote the development of employer-sponsored health and safety programs. Acts 1992, ch. 900, § 4; 1996, ch. 944, §§ 4-7; 1997, ch. 235, §§ 1, 2; 1997, ch. 533, § 49; 1998, ch. 1024, §§ 13, 20; 1999, ch. 520, § 41; 2000, ch. 852, § 3; 2001, ch. 192, §§ 11, 12; 2002, ch. 695, §§ 1, 2, 6; 2003, ch. 359, § 1; 2004, ch. 962, §§ 26, 27, 30, 43, 45; 2005, ch. 390, § 3; 2006, ch. 645, §§ 1 - 3; 2008, ch. 1183, §§ 9, 11; 2009, ch. 463, §§ 1 - 3; 2010, ch. 1087, § 3; 2011, ch. 410, § 10(a); 2012, ch. 622, § 3; 2012, ch. 800, § 49; 2013, ch. 236, § 29; 2013, ch. 282, § 1; 2013, ch. 289, § 19; 2015, ch. 341, § 15; 2016, ch. 608, § 3; 2021, ch. 64, § 111.
(a) (1) (A) There is created an advisory council on workers' compensation. There shall be seven (7) voting members of the council, with three (3) representing employers, three (3) representing employees, and one (1) member who shall serve as the chair and who shall be the state treasurer or the state treasurer's designee. There shall be ten (10) nonvoting members of the council. All members shall have a demonstrable working knowledge of the workers' compensation system. (B) The chair shall preside at meetings of the council and, in consultation with the voting members of the council, shall supervise the work of the staff of the council. The council shall meet at the call of the chair or at the written call of four (4) voting members of the council which written call shall be delivered to the chair. The chair may vote only on matters related to the administration of the council or the council's research. The chair is not permitted to vote on any matter that constitutes the making of a policy recommendation to the governor or to the general assembly. (C) The speaker of the house of representatives, the speaker of the senate and the governor shall each appoint one (1) employer and one (1) employee representative to the council, who shall be voting members. Representatives, officers and employees from labor organizations or business trade organizations are eligible for appointment. In making the appointments of the employer representatives, the appointing authorities shall strive to ensure a balance of a commercially insured employer, self-insured employer or an employer who operates a small business. At least one (1) employee representative shall be from organized labor. Proxy voting is prohibited by voting members of the council; provided, however, that in instances where a voting member will be absent from a vote of the council, the member's appointing authority is authorized to appoint an alternate or designee for the vote or votes. (D) Voting members shall serve four-year terms and the terms shall be staggered so that the terms of only three (3) voting members shall terminate at the same time. All four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (E) (i) The governor shall also appoint ten (10) nonvoting members of the council as follows: one (1) to represent local governments, one (1) to represent insurance companies, five (5) to represent health care providers and three (3) attorneys. The nonvoting local government representative may be appointed from lists of qualified persons submitted by interested municipal and county organizations including, but not limited to, the Tennessee Municipal League and the Tennessee County Services Association. The nonvoting insurance company representative may be appointed from lists of qualified persons submitted by interested insurance organizations including, but not limited to, the Property Casualty Insurers Association of America and the American Insurance Association. One (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested medical organizations including, but not limited to, the Tennessee Medical Association and one (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested hospital organizations including, but not limited to, the Tennessee Hospital Association. One (1) nonvoting health care provider representative shall be a chiropractor who is licensed in this state, one (1) nonvoting health care provider representative shall be a physical therapist who is licensed in this state, and one (1) nonvoting health care provider representative shall be an occupational therapist who is licensed in this state, and these members shall not receive reimbursement for travel expenses. The nonvoting attorney members shall be appointed as follows: one (1) who shall primarily represent injured workers' compensation claimants, who may be appointed from lists of qualified persons submitted by interested justice organizations including, but not limited to, the Tennessee Association for Justice; one (1) who shall primarily represent employers or workers' compensation insurers, who may be appointed from lists of qualified persons submitted by interested defense lawyer organizations including, but not limited to, the Tennessee Defense Lawyers Association; and one (1) who may be appointed from lists of qualified persons submitted by interested legal organizations including, but not limited to the Tennessee Bar Association. (ii) The appointing authorities shall consult with interested groups including, but not limited to, the organizations listed in subdivision (a)(E)(i) to determine qualified persons to fill positions on the council. (F) The nonvoting members shall be appointed to four-year terms that shall begin on July 1 and terminate on June 30, four (4) years thereafter. (G) The chair of the commerce and labor committee of the senate, the chair of the commerce committee of the house of representatives, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance, or their designees, shall be ex officio, nonvoting members of the council. (2) Each voting and nonvoting member of the advisory council on workers' compensation shall, upon the expiration of the member's term, be eligible for reappointment and shall serve until a successor is appointed. In the event a member resigns or becomes ineligible for service during the member's term, a successor shall be appointed by the appropriate appointing authority to serve the remainder of the term. (3) No employer shall discriminate in any manner against an employee who serves on the advisory council because of the employee's service. Employees who serve on the advisory council shall not be denied any benefit from their employer because of the employee's service. Travel expenses of the employee representatives on the council shall be reimbursed pursuant to subsection (b); however, employers may choose to pay the travel expenses of their employees' service on the advisory council according to their own policies.
(1) (A) There is created an advisory council on workers' compensation. There shall be seven (7) voting members of the council, with three (3) representing employers, three (3) representing employees, and one (1) member who shall serve as the chair and who shall be the state treasurer or the state treasurer's designee. There shall be ten (10) nonvoting members of the council. All members shall have a demonstrable working knowledge of the workers' compensation system. (B) The chair shall preside at meetings of the council and, in consultation with the voting members of the council, shall supervise the work of the staff of the council. The council shall meet at the call of the chair or at the written call of four (4) voting members of the council which written call shall be delivered to the chair. The chair may vote only on matters related to the administration of the council or the council's research. The chair is not permitted to vote on any matter that constitutes the making of a policy recommendation to the governor or to the general assembly. (C) The speaker of the house of representatives, the speaker of the senate and the governor shall each appoint one (1) employer and one (1) employee representative to the council, who shall be voting members. Representatives, officers and employees from labor organizations or business trade organizations are eligible for appointment. In making the appointments of the employer representatives, the appointing authorities shall strive to ensure a balance of a commercially insured employer, self-insured employer or an employer who operates a small business. At least one (1) employee representative shall be from organized labor. Proxy voting is prohibited by voting members of the council; provided, however, that in instances where a voting member will be absent from a vote of the council, the member's appointing authority is authorized to appoint an alternate or designee for the vote or votes. (D) Voting members shall serve four-year terms and the terms shall be staggered so that the terms of only three (3) voting members shall terminate at the same time. All four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (E) (i) The governor shall also appoint ten (10) nonvoting members of the council as follows: one (1) to represent local governments, one (1) to represent insurance companies, five (5) to represent health care providers and three (3) attorneys. The nonvoting local government representative may be appointed from lists of qualified persons submitted by interested municipal and county organizations including, but not limited to, the Tennessee Municipal League and the Tennessee County Services Association. The nonvoting insurance company representative may be appointed from lists of qualified persons submitted by interested insurance organizations including, but not limited to, the Property Casualty Insurers Association of America and the American Insurance Association. One (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested medical organizations including, but not limited to, the Tennessee Medical Association and one (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested hospital organizations including, but not limited to, the Tennessee Hospital Association. One (1) nonvoting health care provider representative shall be a chiropractor who is licensed in this state, one (1) nonvoting health care provider representative shall be a physical therapist who is licensed in this state, and one (1) nonvoting health care provider representative shall be an occupational therapist who is licensed in this state, and these members shall not receive reimbursement for travel expenses. The nonvoting attorney members shall be appointed as follows: one (1) who shall primarily represent injured workers' compensation claimants, who may be appointed from lists of qualified persons submitted by interested justice organizations including, but not limited to, the Tennessee Association for Justice; one (1) who shall primarily represent employers or workers' compensation insurers, who may be appointed from lists of qualified persons submitted by interested defense lawyer organizations including, but not limited to, the Tennessee Defense Lawyers Association; and one (1) who may be appointed from lists of qualified persons submitted by interested legal organizations including, but not limited to the Tennessee Bar Association. (ii) The appointing authorities shall consult with interested groups including, but not limited to, the organizations listed in subdivision (a)(E)(i) to determine qualified persons to fill positions on the council. (F) The nonvoting members shall be appointed to four-year terms that shall begin on July 1 and terminate on June 30, four (4) years thereafter. (G) The chair of the commerce and labor committee of the senate, the chair of the commerce committee of the house of representatives, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance, or their designees, shall be ex officio, nonvoting members of the council.
(A) There is created an advisory council on workers' compensation. There shall be seven (7) voting members of the council, with three (3) representing employers, three (3) representing employees, and one (1) member who shall serve as the chair and who shall be the state treasurer or the state treasurer's designee. There shall be ten (10) nonvoting members of the council. All members shall have a demonstrable working knowledge of the workers' compensation system.
(B) The chair shall preside at meetings of the council and, in consultation with the voting members of the council, shall supervise the work of the staff of the council. The council shall meet at the call of the chair or at the written call of four (4) voting members of the council which written call shall be delivered to the chair. The chair may vote only on matters related to the administration of the council or the council's research. The chair is not permitted to vote on any matter that constitutes the making of a policy recommendation to the governor or to the general assembly.
(C) The speaker of the house of representatives, the speaker of the senate and the governor shall each appoint one (1) employer and one (1) employee representative to the council, who shall be voting members. Representatives, officers and employees from labor organizations or business trade organizations are eligible for appointment. In making the appointments of the employer representatives, the appointing authorities shall strive to ensure a balance of a commercially insured employer, self-insured employer or an employer who operates a small business. At least one (1) employee representative shall be from organized labor. Proxy voting is prohibited by voting members of the council; provided, however, that in instances where a voting member will be absent from a vote of the council, the member's appointing authority is authorized to appoint an alternate or designee for the vote or votes.
(D) Voting members shall serve four-year terms and the terms shall be staggered so that the terms of only three (3) voting members shall terminate at the same time. All four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter.
(E) (i) The governor shall also appoint ten (10) nonvoting members of the council as follows: one (1) to represent local governments, one (1) to represent insurance companies, five (5) to represent health care providers and three (3) attorneys. The nonvoting local government representative may be appointed from lists of qualified persons submitted by interested municipal and county organizations including, but not limited to, the Tennessee Municipal League and the Tennessee County Services Association. The nonvoting insurance company representative may be appointed from lists of qualified persons submitted by interested insurance organizations including, but not limited to, the Property Casualty Insurers Association of America and the American Insurance Association. One (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested medical organizations including, but not limited to, the Tennessee Medical Association and one (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested hospital organizations including, but not limited to, the Tennessee Hospital Association. One (1) nonvoting health care provider representative shall be a chiropractor who is licensed in this state, one (1) nonvoting health care provider representative shall be a physical therapist who is licensed in this state, and one (1) nonvoting health care provider representative shall be an occupational therapist who is licensed in this state, and these members shall not receive reimbursement for travel expenses. The nonvoting attorney members shall be appointed as follows: one (1) who shall primarily represent injured workers' compensation claimants, who may be appointed from lists of qualified persons submitted by interested justice organizations including, but not limited to, the Tennessee Association for Justice; one (1) who shall primarily represent employers or workers' compensation insurers, who may be appointed from lists of qualified persons submitted by interested defense lawyer organizations including, but not limited to, the Tennessee Defense Lawyers Association; and one (1) who may be appointed from lists of qualified persons submitted by interested legal organizations including, but not limited to the Tennessee Bar Association. (ii) The appointing authorities shall consult with interested groups including, but not limited to, the organizations listed in subdivision (a)(E)(i) to determine qualified persons to fill positions on the council.
(i) The governor shall also appoint ten (10) nonvoting members of the council as follows: one (1) to represent local governments, one (1) to represent insurance companies, five (5) to represent health care providers and three (3) attorneys. The nonvoting local government representative may be appointed from lists of qualified persons submitted by interested municipal and county organizations including, but not limited to, the Tennessee Municipal League and the Tennessee County Services Association. The nonvoting insurance company representative may be appointed from lists of qualified persons submitted by interested insurance organizations including, but not limited to, the Property Casualty Insurers Association of America and the American Insurance Association. One (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested medical organizations including, but not limited to, the Tennessee Medical Association and one (1) nonvoting healthcare provider representative may be appointed from lists of qualified persons submitted by interested hospital organizations including, but not limited to, the Tennessee Hospital Association. One (1) nonvoting health care provider representative shall be a chiropractor who is licensed in this state, one (1) nonvoting health care provider representative shall be a physical therapist who is licensed in this state, and one (1) nonvoting health care provider representative shall be an occupational therapist who is licensed in this state, and these members shall not receive reimbursement for travel expenses. The nonvoting attorney members shall be appointed as follows: one (1) who shall primarily represent injured workers' compensation claimants, who may be appointed from lists of qualified persons submitted by interested justice organizations including, but not limited to, the Tennessee Association for Justice; one (1) who shall primarily represent employers or workers' compensation insurers, who may be appointed from lists of qualified persons submitted by interested defense lawyer organizations including, but not limited to, the Tennessee Defense Lawyers Association; and one (1) who may be appointed from lists of qualified persons submitted by interested legal organizations including, but not limited to the Tennessee Bar Association.
(ii) The appointing authorities shall consult with interested groups including, but not limited to, the organizations listed in subdivision (a)(E)(i) to determine qualified persons to fill positions on the council.
(F) The nonvoting members shall be appointed to four-year terms that shall begin on July 1 and terminate on June 30, four (4) years thereafter.
(G) The chair of the commerce and labor committee of the senate, the chair of the commerce committee of the house of representatives, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance, or their designees, shall be ex officio, nonvoting members of the council.
(2) Each voting and nonvoting member of the advisory council on workers' compensation shall, upon the expiration of the member's term, be eligible for reappointment and shall serve until a successor is appointed. In the event a member resigns or becomes ineligible for service during the member's term, a successor shall be appointed by the appropriate appointing authority to serve the remainder of the term.
(3) No employer shall discriminate in any manner against an employee who serves on the advisory council because of the employee's service. Employees who serve on the advisory council shall not be denied any benefit from their employer because of the employee's service. Travel expenses of the employee representatives on the council shall be reimbursed pursuant to subsection (b); however, employers may choose to pay the travel expenses of their employees' service on the advisory council according to their own policies.
(b) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the council: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the council shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the council, prior to serving as a member of the council. This subdivision (b)(1)(A) shall apply to all persons appointed or otherwise named to the council after July 1, 2010; (B) No person who is a member of the council shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the council during such person's period of service as a member of the council. This subdivision (b)(1)(B) shall apply to all persons appointed or otherwise named to the council after July 1, 2010, and to all persons serving on the council on such date who are not registered as lobbyists; and (C) No person who serves as a member of the council shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the council for one (1) year following the date such person's service on the council ends. This subdivision (b)(1)(C) shall apply to persons serving on the council as of July 1, 2010, and to persons appointed to the council subsequent to such date. (2) A person who violates this subsection (b) shall be subject to the penalties prescribed in title 3, chapter 6. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 .
(1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the council: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the council shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the council, prior to serving as a member of the council. This subdivision (b)(1)(A) shall apply to all persons appointed or otherwise named to the council after July 1, 2010; (B) No person who is a member of the council shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the council during such person's period of service as a member of the council. This subdivision (b)(1)(B) shall apply to all persons appointed or otherwise named to the council after July 1, 2010, and to all persons serving on the council on such date who are not registered as lobbyists; and (C) No person who serves as a member of the council shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the council for one (1) year following the date such person's service on the council ends. This subdivision (b)(1)(C) shall apply to persons serving on the council as of July 1, 2010, and to persons appointed to the council subsequent to such date.
(A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the council shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the council, prior to serving as a member of the council. This subdivision (b)(1)(A) shall apply to all persons appointed or otherwise named to the council after July 1, 2010;
(B) No person who is a member of the council shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the council during such person's period of service as a member of the council. This subdivision (b)(1)(B) shall apply to all persons appointed or otherwise named to the council after July 1, 2010, and to all persons serving on the council on such date who are not registered as lobbyists; and
(C) No person who serves as a member of the council shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the council for one (1) year following the date such person's service on the council ends. This subdivision (b)(1)(C) shall apply to persons serving on the council as of July 1, 2010, and to persons appointed to the council subsequent to such date.
(2) A person who violates this subsection (b) shall be subject to the penalties prescribed in title 3, chapter 6.
(3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 .
(c) In addition to all other requirements for membership on the council, all persons appointed or otherwise named to serve as members of the council after July 1, 2010, shall be residents of this state.
(d) Members of the council shall not be paid but may be reimbursed for travel expenses. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) The council shall meet at least twice each year. It shall annually review workers' compensation in the state and shall issue a report of its findings and conclusions on or before July 1 of each year. The annual report shall be sent to the governor, the speakers of the house of representatives and the senate, the chair and vice-chair of the special joint committee on workers' compensation, the administrator of the bureau of workers' compensation, the commissioner of commerce and insurance and the clerks of the house of representatives and senate. Notice of the publication of the annual report and all other reports published by the council shall be provided to all members of the general assembly pursuant to § 3-1-114 .
(f) In performing its responsibilities, the council's role shall be strictly advisory, but it may: (1) Make recommendations to the governor, the general assembly, the special joint committee on workers' compensation, the standing committees of each house that review the status of the workers' compensation system, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance relating to the promulgation or adoption of legislation or rules; (2) Make recommendations to the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance regarding the method and form of statistical data collections; and (3) Monitor the performance of the workers' compensation system in the implementation of legislative directives.
(1) Make recommendations to the governor, the general assembly, the special joint committee on workers' compensation, the standing committees of each house that review the status of the workers' compensation system, the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance relating to the promulgation or adoption of legislation or rules;
(2) Make recommendations to the administrator of the bureau of workers' compensation and the commissioner of commerce and insurance regarding the method and form of statistical data collections; and
(3) Monitor the performance of the workers' compensation system in the implementation of legislative directives.
(g) The chair, in consultation with the voting members of the council, is authorized to retain staff and professional assistance, such as consultants and actuaries, as the chair deems necessary for the work of the council, subject to budgetary approval in the general appropriations act. For administrative purposes, the council shall be attached to the department of treasury for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The state treasurer shall have administrative and supervisory control over the staff assigned to assist the council. Employees of the council shall not have the status of preferred service employees pursuant to title 8. The autonomy of the council and its authority are not affected by this subsection (g).
(h) The council may develop evaluations, statistical reports and other information from which the general assembly may evaluate the impact of the legislative changes to workers' compensation law, including, but not limited to, the Reform Act of 2004 and subsequent statutory changes to this chapter.
(i) The advisory council shall issue an annual report that includes a summary of significant supreme court decisions relating to workers' compensation, including an explanation of their impact on existing policy. The report shall be due on or before January 15 of each year and shall include, to the extent possible, the decisions that were issued during the preceding calendar year. This annual report shall be sent to the governor, the speaker of the house of representatives, the speaker of the senate, the chair of the commerce committee of the house of representatives, the chair of the commerce and labor committee of the senate, and the chair and co-chair of the special joint committee on workers' compensation. Notice of the publication of the report shall be provided to all members of the general assembly pursuant to § 3-1-114 .
(j) The advisory council on workers' compensation shall, within ten (10) business days of each meeting it conducts, provide a summary of the meeting and a report of all actions taken and all actions recommended to be taken to each member of the commerce committee of the house of representatives and the commerce and labor committee of the senate.
(k) Whenever any bill is introduced in the general assembly proposing to amend this chapter or to make any change in workers' compensation law, or to make any change in the law that may have a financial or other substantive impact on the administration of workers' compensation law, the standing committee to which the bill is referred may refer the bill to the council. The council's review of bills relating to workers' compensation should include, but not be limited to, bills that propose to amend chapters 3, 6, 7, and 9 of this title, and title 56, chapters 5 and 47. All bills referred to the council shall be reported back to the standing committee to which they were assigned as quickly as reasonably possible. Notwithstanding the absence of a report from the council, the standing committee is free to consider the bill at any time. The chair making the referral shall immediately notify the prime sponsors of the referral and the council shall not review and comment on the proposed legislation until the prime sponsors have been notified. The comments of the council shall describe the potential effects of the proposed legislation on the workers' compensation system and its operations and any other information or suggestions that the council may think helpful to the sponsors, the standing committees or the general assembly. The comments of the council may include recommendations for or against passage of the proposed legislation. Other than reporting the recommendations for or against passage of proposed legislation and responding to any questions that the legislators may have, no staff of the advisory council shall lobby or advocate for or against passage of proposed legislation.
(l) The council shall study and report on the occupational health and safety of employment in Tennessee and make recommendations for safe employment education and training and promote the development of employer-sponsored health and safety programs.
Acts 1992, ch. 900, § 4; 1996, ch. 944, §§ 4-7; 1997, ch. 235, §§ 1, 2; 1997, ch. 533, § 49; 1998, ch. 1024, §§ 13, 20; 1999, ch. 520, § 41; 2000, ch. 852, § 3; 2001, ch. 192, §§ 11, 12; 2002, ch. 695, §§ 1, 2, 6; 2003, ch. 359, § 1; 2004, ch. 962, §§ 26, 27, 30, 43, 45; 2005, ch. 390, § 3; 2006, ch. 645, §§ 1 - 3; 2008, ch. 1183, §§ 9, 11; 2009, ch. 463, §§ 1 - 3; 2010, ch. 1087, § 3; 2011, ch. 410, § 10(a); 2012, ch. 622, § 3; 2012, ch. 800, § 49; 2013, ch. 236, § 29; 2013, ch. 282, § 1; 2013, ch. 289, § 19; 2015, ch. 341, § 15; 2016, ch. 608, § 3; 2021, ch. 64, § 111.
Tenn. Code Ann. § 50-3-805 — TN Code / Title 50 / Chapter 3 / Section 50-3-805
Facilities
Status: in_force

It is the duty of the department of labor and workforce development to provide equipment, supplies, clerical assistance, and the like, that the commission reasonably requires. Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; T.C.A., § 50-558; Acts 1999, ch. 520, § 41.
It is the duty of the department of labor and workforce development to provide equipment, supplies, clerical assistance, and the like, that the commission reasonably requires.
Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; T.C.A., § 50-558; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-201 — TN Code / Title 50 / Chapter 7 / Section 50-7-201
Definitions generally
Status: in_force

As used in this chapter, unless the context otherwise requires, the terms defined in this part have the meanings respectively ascribed to them. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1303.
As used in this chapter, unless the context otherwise requires, the terms defined in this part have the meanings respectively ascribed to them.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1303.
Tenn. Code Ann. § 50-6-110 — TN Code / Title 50 / Chapter 6 / Section 50-6-110
Injuries not covered - Drug and alcohol testing
Status: in_force

(a) No compensation shall be allowed for an injury or death due to: (1) The employee's willful misconduct; (2) The employee's intentional self-inflicted injury; (3) The employee's intoxication or illegal drug usage; (4) The employee's willful failure or refusal to use a safety device; (5) The employee's willful failure to perform a duty required by law; or (6) The employee's voluntary participation in recreational, social, athletic or exercise activities, including, but not limited to, athletic events, competitions, parties, picnics, or exercise programs, whether or not the employer pays some or all of the costs of the activities unless: (A) Participation was expressly or impliedly required by the employer; (B) Participation produced a direct benefit to the employer beyond improvement in employee health and morale; (C) Participation was during employee's work hours and was part of the employee's work-related duties; or (D) The injury occurred due to an unsafe condition during voluntary participation using facilities designated by, furnished by or maintained by the employer on or off the employer's premises and the employer had actual knowledge of the unsafe condition and failed to curtail the activity or program or cure the unsafe condition. (b) If the employer defends on the ground that the injury arose in any or all of the ways stated in subsection (a), the burden of proof shall be on the employer to establish the defense. (c) (1) In cases where the employer has implemented a drug-free workplace pursuant to chapter 9 of this title, if the injured employee has, at the time of the injury, a blood alcohol concentration level equal to or greater than eight-hundredths of one percent (0.08%) for non-safety sensitive positions, or four-hundredths of one percent (0.04%) for safety-sensitive positions, as determined by blood or breath testing, or if the injured employee has a positive confirmation of a drug as defined in § 50-9-103 , then it is presumed that the drug or alcohol was the proximate cause of the injury. This presumption may be rebutted by clear and convincing evidence that the drug or alcohol was not the proximate cause of injury. Percent by weight of alcohol in the blood must be based upon grams of alcohol per one hundred milliliters (100 mL) of blood. If the results are positive, the testing facility must maintain the specimen for a minimum of three hundred sixty-five (365) days at minus twenty degrees celsius (-20° C.). Blood serum may be used for testing purposes under this chapter; provided, however, that if this test is used, the presumptions under this section do not arise unless the blood alcohol level is proved to be medically and scientifically equivalent to or greater than the comparable blood alcohol level that would have been obtained if the test were based on percent by weight of alcohol in the blood. However, if, before the accident, the employer had actual knowledge of and acquiesced in the employee's presence at the workplace while under the influence of alcohol or drugs, the employer retains the burden of proof in asserting any defense under subsections (a) and (b), and this subsection (c) does not apply. (2) If the injured worker refuses to submit to a drug test, it shall be presumed, in the absence of clear and convincing evidence to the contrary, that the proximate cause of the injury was the influence of drugs, as defined in § 50-9-103 . (3) The administrator of the bureau of workers' compensation shall provide, by rule, for the authorization and regulation of drug testing policies, procedures and methods. Testing of injured employees pursuant to a drug-free workplace program under chapter 9 of this title shall not commence until the rules are adopted. Acts 1919, ch. 123, § 10; Shan. Supp., § 3608a159; Code 1932, § 6861; T.C.A. (orig. ed.), § 50-910; Acts 1994, ch. 765, § 1; 1996, ch. 944, § 49; 1999, ch. 520, § 41; 2005, ch. 390, § 1; 2009, ch. 407, § 1; 2011, ch. 203, §§ 1, 2; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
(a) No compensation shall be allowed for an injury or death due to: (1) The employee's willful misconduct; (2) The employee's intentional self-inflicted injury; (3) The employee's intoxication or illegal drug usage; (4) The employee's willful failure or refusal to use a safety device; (5) The employee's willful failure to perform a duty required by law; or (6) The employee's voluntary participation in recreational, social, athletic or exercise activities, including, but not limited to, athletic events, competitions, parties, picnics, or exercise programs, whether or not the employer pays some or all of the costs of the activities unless: (A) Participation was expressly or impliedly required by the employer; (B) Participation produced a direct benefit to the employer beyond improvement in employee health and morale; (C) Participation was during employee's work hours and was part of the employee's work-related duties; or (D) The injury occurred due to an unsafe condition during voluntary participation using facilities designated by, furnished by or maintained by the employer on or off the employer's premises and the employer had actual knowledge of the unsafe condition and failed to curtail the activity or program or cure the unsafe condition.
(1) The employee's willful misconduct;
(2) The employee's intentional self-inflicted injury;
(3) The employee's intoxication or illegal drug usage;
(4) The employee's willful failure or refusal to use a safety device;
(5) The employee's willful failure to perform a duty required by law; or
(6) The employee's voluntary participation in recreational, social, athletic or exercise activities, including, but not limited to, athletic events, competitions, parties, picnics, or exercise programs, whether or not the employer pays some or all of the costs of the activities unless: (A) Participation was expressly or impliedly required by the employer; (B) Participation produced a direct benefit to the employer beyond improvement in employee health and morale; (C) Participation was during employee's work hours and was part of the employee's work-related duties; or (D) The injury occurred due to an unsafe condition during voluntary participation using facilities designated by, furnished by or maintained by the employer on or off the employer's premises and the employer had actual knowledge of the unsafe condition and failed to curtail the activity or program or cure the unsafe condition.
(A) Participation was expressly or impliedly required by the employer;
(B) Participation produced a direct benefit to the employer beyond improvement in employee health and morale;
(C) Participation was during employee's work hours and was part of the employee's work-related duties; or
(D) The injury occurred due to an unsafe condition during voluntary participation using facilities designated by, furnished by or maintained by the employer on or off the employer's premises and the employer had actual knowledge of the unsafe condition and failed to curtail the activity or program or cure the unsafe condition.
(b) If the employer defends on the ground that the injury arose in any or all of the ways stated in subsection (a), the burden of proof shall be on the employer to establish the defense.
(c) (1) In cases where the employer has implemented a drug-free workplace pursuant to chapter 9 of this title, if the injured employee has, at the time of the injury, a blood alcohol concentration level equal to or greater than eight-hundredths of one percent (0.08%) for non-safety sensitive positions, or four-hundredths of one percent (0.04%) for safety-sensitive positions, as determined by blood or breath testing, or if the injured employee has a positive confirmation of a drug as defined in § 50-9-103 , then it is presumed that the drug or alcohol was the proximate cause of the injury. This presumption may be rebutted by clear and convincing evidence that the drug or alcohol was not the proximate cause of injury. Percent by weight of alcohol in the blood must be based upon grams of alcohol per one hundred milliliters (100 mL) of blood. If the results are positive, the testing facility must maintain the specimen for a minimum of three hundred sixty-five (365) days at minus twenty degrees celsius (-20° C.). Blood serum may be used for testing purposes under this chapter; provided, however, that if this test is used, the presumptions under this section do not arise unless the blood alcohol level is proved to be medically and scientifically equivalent to or greater than the comparable blood alcohol level that would have been obtained if the test were based on percent by weight of alcohol in the blood. However, if, before the accident, the employer had actual knowledge of and acquiesced in the employee's presence at the workplace while under the influence of alcohol or drugs, the employer retains the burden of proof in asserting any defense under subsections (a) and (b), and this subsection (c) does not apply. (2) If the injured worker refuses to submit to a drug test, it shall be presumed, in the absence of clear and convincing evidence to the contrary, that the proximate cause of the injury was the influence of drugs, as defined in § 50-9-103 . (3) The administrator of the bureau of workers' compensation shall provide, by rule, for the authorization and regulation of drug testing policies, procedures and methods. Testing of injured employees pursuant to a drug-free workplace program under chapter 9 of this title shall not commence until the rules are adopted.
(1) In cases where the employer has implemented a drug-free workplace pursuant to chapter 9 of this title, if the injured employee has, at the time of the injury, a blood alcohol concentration level equal to or greater than eight-hundredths of one percent (0.08%) for non-safety sensitive positions, or four-hundredths of one percent (0.04%) for safety-sensitive positions, as determined by blood or breath testing, or if the injured employee has a positive confirmation of a drug as defined in § 50-9-103 , then it is presumed that the drug or alcohol was the proximate cause of the injury. This presumption may be rebutted by clear and convincing evidence that the drug or alcohol was not the proximate cause of injury. Percent by weight of alcohol in the blood must be based upon grams of alcohol per one hundred milliliters (100 mL) of blood. If the results are positive, the testing facility must maintain the specimen for a minimum of three hundred sixty-five (365) days at minus twenty degrees celsius (-20° C.). Blood serum may be used for testing purposes under this chapter; provided, however, that if this test is used, the presumptions under this section do not arise unless the blood alcohol level is proved to be medically and scientifically equivalent to or greater than the comparable blood alcohol level that would have been obtained if the test were based on percent by weight of alcohol in the blood. However, if, before the accident, the employer had actual knowledge of and acquiesced in the employee's presence at the workplace while under the influence of alcohol or drugs, the employer retains the burden of proof in asserting any defense under subsections (a) and (b), and this subsection (c) does not apply.
(2) If the injured worker refuses to submit to a drug test, it shall be presumed, in the absence of clear and convincing evidence to the contrary, that the proximate cause of the injury was the influence of drugs, as defined in § 50-9-103 .
(3) The administrator of the bureau of workers' compensation shall provide, by rule, for the authorization and regulation of drug testing policies, procedures and methods. Testing of injured employees pursuant to a drug-free workplace program under chapter 9 of this title shall not commence until the rules are adopted.
Acts 1919, ch. 123, § 10; Shan. Supp., § 3608a159; Code 1932, § 6861; T.C.A. (orig. ed.), § 50-910; Acts 1994, ch. 765, § 1; 1996, ch. 944, § 49; 1999, ch. 520, § 41; 2005, ch. 390, § 1; 2009, ch. 407, § 1; 2011, ch. 203, §§ 1, 2; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-3-109 — TN Code / Title 50 / Chapter 3 / Section 50-3-109
Local governmental entities prohibited from mandating certain disclosures in contracts for improvements to real property
Status: in_force

(a) A county, municipality, or other local government entity, or department, board, or agency thereof, including a school or board of education, shall not require a prime contractor or remote contractor, as part of an improvement of real property, or a bid, proposal, or agreement relating to an improvement of real property, to: (1) Obtain, gather, or disclose personnel information or data of the prime or remote contractor's employees, except to the extent required under federal or state law; (2) Provide personnel information or data of the prime contractor or remote contractor's employees to a person or entity, except to the extent required by federal or state law; (3) Adhere to safety and health standards in excess of that required under federal occupational health and safety act (OSHA) and Tennessee occupational health and safety act (TOSHA) rules and regulations; (4) Provide access to a worksite to anyone who would not otherwise have a legal right to access the worksite under federal or state law; (5) Provide access to personnel information or data of anyone furnishing labor or materials on a worksite to a third party, including a nonemployee designee, unless: (A) Otherwise required by federal or state law; or (B) The third party is a certified public accountant retained by the government entity to conduct an overall audit of the prime contract for the improvement; (6) Require written contracts or agreements for the provision of labor or materials furnished in furtherance of the improvement, unless otherwise required by federal or state law; (7) Be responsible for another party's compliance with a written agreement relating to the improvement, except as otherwise required by federal or state law; or (8) Offer direct employment to a temporary laborer or an employee regardless of the temporary laborer's or temporary employee's length of service. (b) Unless otherwise required by federal or state law, an ordinance, rule, or policy adopted by a government entity listed in subsection (a) that attempts to prevent or restrict a prime contractor or remote contractor from bidding on or accepting a contract for the improvement of real property based on the contractor's failure or refusal to perform an act described in subsection (a), or that attempts to provide a preference to a contractor that is willing to perform such act, is void as against the public policy of this state. (c) A government entity listed in subsection (a) shall only restrict a prime contractor or remote contractor from bidding, proposing, or accepting a contract or furnishing labor or material for an improvement to real property based upon a final finding or order that the prime contractor or remote contractor committed a willful violation of federal or state law. Added by 2021 Tenn. Acts, ch. 234, s 1, eff. 4/22/2021.
(a) A county, municipality, or other local government entity, or department, board, or agency thereof, including a school or board of education, shall not require a prime contractor or remote contractor, as part of an improvement of real property, or a bid, proposal, or agreement relating to an improvement of real property, to: (1) Obtain, gather, or disclose personnel information or data of the prime or remote contractor's employees, except to the extent required under federal or state law; (2) Provide personnel information or data of the prime contractor or remote contractor's employees to a person or entity, except to the extent required by federal or state law; (3) Adhere to safety and health standards in excess of that required under federal occupational health and safety act (OSHA) and Tennessee occupational health and safety act (TOSHA) rules and regulations; (4) Provide access to a worksite to anyone who would not otherwise have a legal right to access the worksite under federal or state law; (5) Provide access to personnel information or data of anyone furnishing labor or materials on a worksite to a third party, including a nonemployee designee, unless: (A) Otherwise required by federal or state law; or (B) The third party is a certified public accountant retained by the government entity to conduct an overall audit of the prime contract for the improvement; (6) Require written contracts or agreements for the provision of labor or materials furnished in furtherance of the improvement, unless otherwise required by federal or state law; (7) Be responsible for another party's compliance with a written agreement relating to the improvement, except as otherwise required by federal or state law; or (8) Offer direct employment to a temporary laborer or an employee regardless of the temporary laborer's or temporary employee's length of service.
(1) Obtain, gather, or disclose personnel information or data of the prime or remote contractor's employees, except to the extent required under federal or state law;
(2) Provide personnel information or data of the prime contractor or remote contractor's employees to a person or entity, except to the extent required by federal or state law;
(3) Adhere to safety and health standards in excess of that required under federal occupational health and safety act (OSHA) and Tennessee occupational health and safety act (TOSHA) rules and regulations;
(4) Provide access to a worksite to anyone who would not otherwise have a legal right to access the worksite under federal or state law;
(5) Provide access to personnel information or data of anyone furnishing labor or materials on a worksite to a third party, including a nonemployee designee, unless: (A) Otherwise required by federal or state law; or (B) The third party is a certified public accountant retained by the government entity to conduct an overall audit of the prime contract for the improvement;
(A) Otherwise required by federal or state law; or
(B) The third party is a certified public accountant retained by the government entity to conduct an overall audit of the prime contract for the improvement;
(6) Require written contracts or agreements for the provision of labor or materials furnished in furtherance of the improvement, unless otherwise required by federal or state law;
(7) Be responsible for another party's compliance with a written agreement relating to the improvement, except as otherwise required by federal or state law; or
(8) Offer direct employment to a temporary laborer or an employee regardless of the temporary laborer's or temporary employee's length of service.
(b) Unless otherwise required by federal or state law, an ordinance, rule, or policy adopted by a government entity listed in subsection (a) that attempts to prevent or restrict a prime contractor or remote contractor from bidding on or accepting a contract for the improvement of real property based on the contractor's failure or refusal to perform an act described in subsection (a), or that attempts to provide a preference to a contractor that is willing to perform such act, is void as against the public policy of this state.
(c) A government entity listed in subsection (a) shall only restrict a prime contractor or remote contractor from bidding, proposing, or accepting a contract or furnishing labor or material for an improvement to real property based upon a final finding or order that the prime contractor or remote contractor committed a willful violation of federal or state law.
Added by 2021 Tenn. Acts, ch. 234, s 1, eff. 4/22/2021.
Tenn. Code Ann. § 50-7-601 — TN Code / Title 50 / Chapter 7 / Section 50-7-601
Unemployment compensation bureau - Division of the Tennessee state employment service
Status: in_force

(a) There is created and established in the division of employment security a coordinate bureau to be designated as the unemployment compensation bureau. The bureau shall be a separate administrative unit with respect to personnel and budget, except insofar as the commissioner may find that separation is impracticable. The bureau shall exercise all the powers, perform the duties, and be subject to all the limitations prescribed in this chapter, except those pertaining to overall administration of the division vested in the administrator or except those pertaining to the overall supervision of the department vested in the commissioner, and those provided in this section for the division of the Tennessee state employment service. (b) There is also created within the department of labor and workforce development the division of Tennessee state employment service, the latter being more fully described in § 50-7-608 . The division shall be a separate administrative entity with respect to personnel and budget, except insofar as the commissioner may find that separation impracticable. The division shall be subject to the supervision and control of the commissioner within the provisions of this chapter. Acts 1947, ch. 29, § 10; C. Supp. 1950, § 6901.10 (Williams, § 6901.34); Acts 1955, ch. 226, § 1; 1975, ch. 190, § 10; 1976, ch. 806, § 1(78); 1977, ch. 330, § 27; 1978, ch. 744, § 14; T.C.A. (orig. ed.), § 50-1332; Acts 1999, ch. 520, § 41; 2010, ch. 1042, § 12.
(a) There is created and established in the division of employment security a coordinate bureau to be designated as the unemployment compensation bureau. The bureau shall be a separate administrative unit with respect to personnel and budget, except insofar as the commissioner may find that separation is impracticable. The bureau shall exercise all the powers, perform the duties, and be subject to all the limitations prescribed in this chapter, except those pertaining to overall administration of the division vested in the administrator or except those pertaining to the overall supervision of the department vested in the commissioner, and those provided in this section for the division of the Tennessee state employment service.
(b) There is also created within the department of labor and workforce development the division of Tennessee state employment service, the latter being more fully described in § 50-7-608 . The division shall be a separate administrative entity with respect to personnel and budget, except insofar as the commissioner may find that separation impracticable. The division shall be subject to the supervision and control of the commissioner within the provisions of this chapter.
Acts 1947, ch. 29, § 10; C. Supp. 1950, § 6901.10 (Williams, § 6901.34); Acts 1955, ch. 226, § 1; 1975, ch. 190, § 10; 1976, ch. 806, § 1(78); 1977, ch. 330, § 27; 1978, ch. 744, § 14; T.C.A. (orig. ed.), § 50-1332; Acts 1999, ch. 520, § 41; 2010, ch. 1042, § 12.
Tenn. Code Ann. § 50-6-212 — TN Code / Title 50 / Chapter 6 / Section 50-6-212
Hernia or rupture
Status: in_force

(a) In all claims for compensation for hernia or rupture, resulting from injury by accident arising primarily out of and in the course and scope of the employee's employment, it must be definitely proven to the satisfaction of the court that: (1) There was an injury resulting in hernia or rupture; (2) The hernia or rupture appeared suddenly; (3) It was accompanied by pain; (4) The hernia or rupture immediately followed the accident; and (5) The hernia or rupture did not exist prior to the accident for which compensation is claimed. (b) All hernia or rupture, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising primarily out of and in the course and scope of the employment, shall be treated in a surgical manner by a radical operation. If death results from the operation, the death shall be considered as the result of the injury, and compensation paid in accordance with this chapter. (c) (1) In case the injured employee refuses to undergo the radical operation for the cure of the hernia or rupture, no compensation will be allowed during the time the refusal continues. (2) If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the court finds it unsafe for the employee to undergo the operation, the employee shall be paid compensation in accordance with this chapter. Acts 1941, ch. 90, § 10; C. Supp. 1950, § 6892.1 (Williams, § 6892a); T.C.A. (orig. ed.), § 50-1009; Acts 2013, ch. 289, §§ 57, 58.
(a) In all claims for compensation for hernia or rupture, resulting from injury by accident arising primarily out of and in the course and scope of the employee's employment, it must be definitely proven to the satisfaction of the court that: (1) There was an injury resulting in hernia or rupture; (2) The hernia or rupture appeared suddenly; (3) It was accompanied by pain; (4) The hernia or rupture immediately followed the accident; and (5) The hernia or rupture did not exist prior to the accident for which compensation is claimed.
(1) There was an injury resulting in hernia or rupture;
(2) The hernia or rupture appeared suddenly;
(3) It was accompanied by pain;
(4) The hernia or rupture immediately followed the accident; and
(5) The hernia or rupture did not exist prior to the accident for which compensation is claimed.
(b) All hernia or rupture, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising primarily out of and in the course and scope of the employment, shall be treated in a surgical manner by a radical operation. If death results from the operation, the death shall be considered as the result of the injury, and compensation paid in accordance with this chapter.
(c) (1) In case the injured employee refuses to undergo the radical operation for the cure of the hernia or rupture, no compensation will be allowed during the time the refusal continues. (2) If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the court finds it unsafe for the employee to undergo the operation, the employee shall be paid compensation in accordance with this chapter.
(1) In case the injured employee refuses to undergo the radical operation for the cure of the hernia or rupture, no compensation will be allowed during the time the refusal continues.
(2) If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the court finds it unsafe for the employee to undergo the operation, the employee shall be paid compensation in accordance with this chapter.
Acts 1941, ch. 90, § 10; C. Supp. 1950, § 6892.1 (Williams, § 6892a); T.C.A. (orig. ed.), § 50-1009; Acts 2013, ch. 289, §§ 57, 58.
Tenn. Code Ann. § 50-3-102 — TN Code / Title 50 / Chapter 3 / Section 50-3-102
Purpose
Status: in_force

(a) The general assembly finds that: (1) The burden on employers and employees of this state resulting from personal injuries and illnesses arising out of work situations is substantial; (2) The prevention of these injuries and illnesses is an important objective of the government of this state; (3) The greatest hope of attaining this objective lies in programs of research and education, and in the earnest cooperation of government, employers and employees; and (4) A program of regulation and enforcement is a necessary supplement to these more basic programs. (b) The general assembly declares it to be its purpose and policy through the exercise of its powers to assure so far as possible every working man and woman in the state safe and healthful working conditions and to preserve our human resources by: (1) Encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new, and to perfect existing, programs for providing safe and healthful working conditions; (2) Providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) Authorizing the commissioner of labor and workforce development to develop occupational safety and health standards applicable to business, giving consideration to the needs of employees and employers and to standards promulgated from time to time by the secretary of labor under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. § 651 et seq.), and by creating an occupational safety and health review commission for carrying out adjudicatory functions under this chapter; (4) Building upon advances already made by federal laws and regulations and state laws and regulations for providing safe and healthful working conditions; (5) Providing criteria that will assure, insofar as practicable, that no employee will suffer diminished health, functional capacity or life expectancy as a result of the employee's work experience; (6) Providing for education and training of personnel for the fair and efficient administration of occupational safety and health standards; (7) Providing for education and training of employers and employees in occupational safety and health; (8) Providing an effective enforcement program, which shall include a prohibition against giving advance notice of an inspection and sanctions for any individual violating this prohibition; (9) Providing for appropriate reporting procedures with respect to occupational safety and health, which procedures will help achieve the objectives of this chapter and accurately describe the nature of the occupational safety and health problem; and (10) Encouraging joint labor-management efforts to reduce injuries and diseases arising out of employment. Acts 1972, ch. 561, § 1; 1977, ch. 111, § 1; T.C.A., § 50-502; Acts 1999, ch. 520, § 41.
(a) The general assembly finds that: (1) The burden on employers and employees of this state resulting from personal injuries and illnesses arising out of work situations is substantial; (2) The prevention of these injuries and illnesses is an important objective of the government of this state; (3) The greatest hope of attaining this objective lies in programs of research and education, and in the earnest cooperation of government, employers and employees; and (4) A program of regulation and enforcement is a necessary supplement to these more basic programs.
(1) The burden on employers and employees of this state resulting from personal injuries and illnesses arising out of work situations is substantial;
(2) The prevention of these injuries and illnesses is an important objective of the government of this state;
(3) The greatest hope of attaining this objective lies in programs of research and education, and in the earnest cooperation of government, employers and employees; and
(4) A program of regulation and enforcement is a necessary supplement to these more basic programs.
(b) The general assembly declares it to be its purpose and policy through the exercise of its powers to assure so far as possible every working man and woman in the state safe and healthful working conditions and to preserve our human resources by: (1) Encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new, and to perfect existing, programs for providing safe and healthful working conditions; (2) Providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) Authorizing the commissioner of labor and workforce development to develop occupational safety and health standards applicable to business, giving consideration to the needs of employees and employers and to standards promulgated from time to time by the secretary of labor under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. § 651 et seq.), and by creating an occupational safety and health review commission for carrying out adjudicatory functions under this chapter; (4) Building upon advances already made by federal laws and regulations and state laws and regulations for providing safe and healthful working conditions; (5) Providing criteria that will assure, insofar as practicable, that no employee will suffer diminished health, functional capacity or life expectancy as a result of the employee's work experience; (6) Providing for education and training of personnel for the fair and efficient administration of occupational safety and health standards; (7) Providing for education and training of employers and employees in occupational safety and health; (8) Providing an effective enforcement program, which shall include a prohibition against giving advance notice of an inspection and sanctions for any individual violating this prohibition; (9) Providing for appropriate reporting procedures with respect to occupational safety and health, which procedures will help achieve the objectives of this chapter and accurately describe the nature of the occupational safety and health problem; and (10) Encouraging joint labor-management efforts to reduce injuries and diseases arising out of employment.
(1) Encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new, and to perfect existing, programs for providing safe and healthful working conditions;
(2) Providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;
(3) Authorizing the commissioner of labor and workforce development to develop occupational safety and health standards applicable to business, giving consideration to the needs of employees and employers and to standards promulgated from time to time by the secretary of labor under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. § 651 et seq.), and by creating an occupational safety and health review commission for carrying out adjudicatory functions under this chapter;
(4) Building upon advances already made by federal laws and regulations and state laws and regulations for providing safe and healthful working conditions;
(5) Providing criteria that will assure, insofar as practicable, that no employee will suffer diminished health, functional capacity or life expectancy as a result of the employee's work experience;
(6) Providing for education and training of personnel for the fair and efficient administration of occupational safety and health standards;
(7) Providing for education and training of employers and employees in occupational safety and health;
(8) Providing an effective enforcement program, which shall include a prohibition against giving advance notice of an inspection and sanctions for any individual violating this prohibition;
(9) Providing for appropriate reporting procedures with respect to occupational safety and health, which procedures will help achieve the objectives of this chapter and accurately describe the nature of the occupational safety and health problem; and
(10) Encouraging joint labor-management efforts to reduce injuries and diseases arising out of employment.
Acts 1972, ch. 561, § 1; 1977, ch. 111, § 1; T.C.A., § 50-502; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-602 — TN Code / Title 50 / Chapter 6 / Section 50-6-602
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the board of directors of the competitive state compensation insurance fund; (2) "Fund" means the competitive state compensation insurance fund; and (3) "Personal injury" or "injury" has the meaning given to it in § 50-6-102 . Acts 1992, ch. 900, § 26; 1994, ch. 979, § 3.
As used in this part, unless the context otherwise requires:
(1) "Board" means the board of directors of the competitive state compensation insurance fund;
(2) "Fund" means the competitive state compensation insurance fund; and
(3) "Personal injury" or "injury" has the meaning given to it in § 50-6-102 .
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 3.
Tenn. Code Ann. § 50-4-102 — TN Code / Title 50 / Chapter 4 / Section 50-4-102
"Issuing officer" defined
Status: in_force

As used in this chapter, "issuing officer," means either: (1) Any official authorized by law to issue search warrants; or (2) Any court of record in the county of residence of the agency making application for an administrative inspection warrant. Acts 1979, ch. 345, § 3; T.C.A., § 50-602.
As used in this chapter, "issuing officer," means either:
(1) Any official authorized by law to issue search warrants; or
(2) Any court of record in the county of residence of the agency making application for an administrative inspection warrant.
Acts 1979, ch. 345, § 3; T.C.A., § 50-602.
Tenn. Code Ann. § 50-7-503 — TN Code / Title 50 / Chapter 7 / Section 50-7-503
Unemployment compensation special administrative fund
Status: in_force

(a) (1) There is created in the state treasury a fund to be known as the "unemployment compensation special administrative fund," which shall consist of interest collected on delinquent payments pursuant to § 50-7-404(a) , the penalty rate payments collected under § 50-7-403(b)(2)(G)(i) ( b ), the civil money penalties collected under § 50-7-403(b)(2)(G)(ii) , penalties collected in accordance with § 50-7-715(b)(2) , and interest collected in accordance with § 50-7-715(c)(1) . (2) Annual estimates of expenditures and requirements from this fund shall be set forth in the budget document, and estimates approved by the general assembly shall be appropriated from this fund as a specific appropriation item in each year's general appropriations act. (3) No sum sufficient appropriation shall be made from this fund that may add to estimates approved and appropriated by the general assembly, except for subdivisions (a)(1) and (2). (4) The moneys deposited with the fund may be used for the following purposes: (A) Replacements in the unemployment compensation administration fund as provided in § 50-7-502(c) ; (B) Refunds pursuant to § 50-7-404(f) of interest erroneously collected; and (C) Meeting necessary expenses for the administration of this chapter, including, but not limited to, automation expenses, as approved by the commissioner of finance and administration, the information systems council, and any other entity as required by law. (b) (1) Interest earned on this fund shall be credited to and augment this fund. (2) The balance of this fund and the balance of the unemployment compensation trust fund shall be considered for purposes of establishing the applicable premium table pursuant to § 50-7-403(j) . Amended by 2015 Tenn. Acts, ch. 95, s 7, eff. 7/1/2015. Acts 1947, ch. 29, § 13; C. Supp. 1950, § 6901.13 (Williams, § 6901.37); Acts 1981, ch. 249, §§ 6, 7; T.C.A. (orig. ed.), § 50-1348; Acts 1984, ch. 786, § 5; 1985, ch. 294, §§ 1-6; 1989, ch. 545, §§ 1-3; 1997 , ch. 431, §§ 1, 2; 1999, ch. 520, § 41; 2005, ch. 357, § 10; 2012 , ch. 824, § 6.
(a) (1) There is created in the state treasury a fund to be known as the "unemployment compensation special administrative fund," which shall consist of interest collected on delinquent payments pursuant to § 50-7-404(a) , the penalty rate payments collected under § 50-7-403(b)(2)(G)(i) ( b ), the civil money penalties collected under § 50-7-403(b)(2)(G)(ii) , penalties collected in accordance with § 50-7-715(b)(2) , and interest collected in accordance with § 50-7-715(c)(1) . (2) Annual estimates of expenditures and requirements from this fund shall be set forth in the budget document, and estimates approved by the general assembly shall be appropriated from this fund as a specific appropriation item in each year's general appropriations act. (3) No sum sufficient appropriation shall be made from this fund that may add to estimates approved and appropriated by the general assembly, except for subdivisions (a)(1) and (2). (4) The moneys deposited with the fund may be used for the following purposes: (A) Replacements in the unemployment compensation administration fund as provided in § 50-7-502(c) ; (B) Refunds pursuant to § 50-7-404(f) of interest erroneously collected; and (C) Meeting necessary expenses for the administration of this chapter, including, but not limited to, automation expenses, as approved by the commissioner of finance and administration, the information systems council, and any other entity as required by law.
(1) There is created in the state treasury a fund to be known as the "unemployment compensation special administrative fund," which shall consist of interest collected on delinquent payments pursuant to § 50-7-404(a) , the penalty rate payments collected under § 50-7-403(b)(2)(G)(i) ( b ), the civil money penalties collected under § 50-7-403(b)(2)(G)(ii) , penalties collected in accordance with § 50-7-715(b)(2) , and interest collected in accordance with § 50-7-715(c)(1) .
(2) Annual estimates of expenditures and requirements from this fund shall be set forth in the budget document, and estimates approved by the general assembly shall be appropriated from this fund as a specific appropriation item in each year's general appropriations act.
(3) No sum sufficient appropriation shall be made from this fund that may add to estimates approved and appropriated by the general assembly, except for subdivisions (a)(1) and (2).
(4) The moneys deposited with the fund may be used for the following purposes: (A) Replacements in the unemployment compensation administration fund as provided in § 50-7-502(c) ; (B) Refunds pursuant to § 50-7-404(f) of interest erroneously collected; and (C) Meeting necessary expenses for the administration of this chapter, including, but not limited to, automation expenses, as approved by the commissioner of finance and administration, the information systems council, and any other entity as required by law.
(A) Replacements in the unemployment compensation administration fund as provided in § 50-7-502(c) ;
(B) Refunds pursuant to § 50-7-404(f) of interest erroneously collected; and
(C) Meeting necessary expenses for the administration of this chapter, including, but not limited to, automation expenses, as approved by the commissioner of finance and administration, the information systems council, and any other entity as required by law.
(b) (1) Interest earned on this fund shall be credited to and augment this fund. (2) The balance of this fund and the balance of the unemployment compensation trust fund shall be considered for purposes of establishing the applicable premium table pursuant to § 50-7-403(j) .
(1) Interest earned on this fund shall be credited to and augment this fund.
(2) The balance of this fund and the balance of the unemployment compensation trust fund shall be considered for purposes of establishing the applicable premium table pursuant to § 50-7-403(j) .
Amended by 2015 Tenn. Acts, ch. 95, s 7, eff. 7/1/2015.
Acts 1947, ch. 29, § 13; C. Supp. 1950, § 6901.13 (Williams, § 6901.37); Acts 1981, ch. 249, §§ 6, 7; T.C.A. (orig. ed.), § 50-1348; Acts 1984, ch. 786, § 5; 1985, ch. 294, §§ 1-6; 1989, ch. 545, §§ 1-3; 1997 , ch. 431, §§ 1, 2; 1999, ch. 520, § 41; 2005, ch. 357, § 10; 2012 , ch. 824, § 6.
Tenn. Code Ann. § 50-1-713 — TN Code / Title 50 / Chapter 1 / Section 50-1-713
Exemption when E-Verify program suspended or not operational - Exemption for false report generated by E-Verify program
Status: in_force

An employer is not in violation of this part: (1) During a time period in which the E-Verify program is suspended or not operational; or (2) If the employer acts upon false results generated by the E-Verify program concerning an employee's work authorization status. Amended by 2022 Tenn. Acts, ch. 832, s 4, eff. 4/19/2022. Acts 2011 , ch. 436, § 5.
An employer is not in violation of this part:
(1) During a time period in which the E-Verify program is suspended or not operational; or
(2) If the employer acts upon false results generated by the E-Verify program concerning an employee's work authorization status.
Amended by 2022 Tenn. Acts, ch. 832, s 4, eff. 4/19/2022.
Acts 2011 , ch. 436, § 5.
Tenn. Code Ann. § 50-6-108 — TN Code / Title 50 / Chapter 6 / Section 50-6-108
Right to compensation exclusive
Status: in_force

(a) The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death. (b) No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, in any suit brought against the employer by an employee covered by this chapter or by the dependent or dependents of the employee, to recover damages for personal injury or death arising from an accident: (1) The employee was negligent; (2) The injury was caused by the negligence of a fellow servant or fellow employee; or (3) The employee had assumed the risk of the injury. (c) This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party. Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1; 2013, ch. 289, § 13.
(a) The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death.
(b) No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, in any suit brought against the employer by an employee covered by this chapter or by the dependent or dependents of the employee, to recover damages for personal injury or death arising from an accident: (1) The employee was negligent; (2) The injury was caused by the negligence of a fellow servant or fellow employee; or (3) The employee had assumed the risk of the injury.
(1) The employee was negligent;
(2) The injury was caused by the negligence of a fellow servant or fellow employee; or
(3) The employee had assumed the risk of the injury.
(c) This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party.
Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1; 2013, ch. 289, § 13.
Tenn. Code Ann. § 50-6-704 — TN Code / Title 50 / Chapter 6 / Section 50-6-704
Liability - Participation in other arrangements - No implied repeal
Status: in_force

(a) Nothing in this part shall be construed to confer upon any electric cooperative any immunity from liability for damages for injuries to persons or property granted to a governmental entity under the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, nor to prevent a municipal utility from exercising any right, privilege or option it may have under this chapter. (b) Nothing in this part shall preclude a municipal utility or electric cooperative from participating in any other insured, self-insured, or risk-pooling arrangement permitted under any other law of this state. (c) Nothing in this part shall be deemed to be an implied repeal of any of title 65, chapter 25. Acts 1995, ch. 488, §§ 4-6.
(a) Nothing in this part shall be construed to confer upon any electric cooperative any immunity from liability for damages for injuries to persons or property granted to a governmental entity under the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, nor to prevent a municipal utility from exercising any right, privilege or option it may have under this chapter.
(b) Nothing in this part shall preclude a municipal utility or electric cooperative from participating in any other insured, self-insured, or risk-pooling arrangement permitted under any other law of this state.
(c) Nothing in this part shall be deemed to be an implied repeal of any of title 65, chapter 25.
Acts 1995, ch. 488, §§ 4-6.
Tenn. Code Ann. § 50-6-901 — TN Code / Title 50 / Chapter 6 / Section 50-6-901
Part definitions
Status: in_force

For purposes of this part, unless the context otherwise requires: (1) "Active and in good standing as reflected in the records of the secretary of state" means a corporation, limited liability company, or partnership that is in existence, registered or authorized to transact business in this state as reflected in the records of the secretary of state; and in the case of a corporation, limited liability company, limited liability partnership, or limited partnership, such entity is in good standing with the Tennessee department of revenue; (2) "Board" means the state board for licensing contractors; (3) "Commercial construction project" means any construction project that is not: (A) The construction, erection, remodeling, repair, improvement, alteration or demolition of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height or accessory use structures in connection with the residences; (B) The construction, erection, remodeling, repair, improvement, alteration or demolition of any building or structure for use and occupancy by the general public which, pursuant to § 62-6-112(f)(2) , a small commercial building contractor is authorized to bid on and contract for; or (C) Performed by any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service, telecommunications service, cable service, or internet service or any combination thereof, for sale to consumers in any particular service area; (4) "Construction project" means the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking; provided, that if a general contractor contracts to erect, remodel, repair, improve, alter or demolish multiple buildings, structures or undertakings in one (1) contract, all such buildings, structures or undertakings described in such contract shall constitute one (1) construction project; (5) "Construction services provider" or "provider" means any person or entity engaged in the construction industry; (6) "Corporate officer" or "officer of a corporation" means any person who fills an office provided for in the corporate charter or articles of incorporation of a corporation that in the case of a domestic corporation is formed under the laws of this state pursuant to title 48, chapters 11-68, or in the case of a foreign corporation is authorized to transact business in this state pursuant to title 48, chapters 11-68; provided, that a domestic or foreign corporation is active and in good standing as reflected in the records of the secretary of state; (7) "Direct labor" means the performance of any activity that would be assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120 , but does not include: (A) Classification code 5604, or any subsequent classification code, for construction executives, supervisors, or foremen that are responsible only for the oversight of laborers; or (B) Classification code 5606, or any subsequent classification code, for project managers, construction executives, construction managers and construction superintendents having only administrative or managerial responsibilities for construction projects by exercising operational control indirectly through job supervisors or foremen; (8) "Engaged in the construction industry" means any person or entity assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120 ; provided, that where more than one (1) classification applies, the governing classification, as that term is defined by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120 , shall be used to determine whether the person or entity is engaged in the construction industry; (9) "Family-owned business" means a business entity in which members of the same family of the applicant have an aggregate of at least ninety-five percent (95%) ownership of such business; (10) "General contractor" means the person or entity responsible to the owner or developer for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking and who contracts directly with the owner or developer of the building, structure or other undertaking; "general contractor" includes a prime contractor; (11) "Good standing with the Tennessee department of revenue" means the bureau of workers' compensation has received and verified through electronic confirmation or a certificate of tax clearance issued by the commissioner of revenue that a corporation, limited liability company, limited liability partnership, or limited partnership is current on all fees, taxes, and penalties to the satisfaction of the commissioner; (12) "Member of a limited liability company" means any member of a limited liability company formed pursuant to title 48, chapters 201-249 that is active and in good standing as reflected in the records of the secretary of state; (13) "Members of the same family of the applicant" means parents, children, siblings, grandparents, grandchildren, stepparents, stepchildren, stepsiblings, or spouses of such, and includes adoptive relationships; (14) "Partner" means any person who is a member of an association that is formed by two (2) or more persons to carry on as co-owners of a business or other undertaking for profit and such association is active and in good standing as reflected in the records of the secretary of state; (15) "Person" means only a natural person and does not include a business entity; (16) "Registry" means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the bureau of workers' compensation; and (17) "Sole proprietor" means one (1) person who owns a form of business in which that person owns all the assets of such business. Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 3.
For purposes of this part, unless the context otherwise requires:
(1) "Active and in good standing as reflected in the records of the secretary of state" means a corporation, limited liability company, or partnership that is in existence, registered or authorized to transact business in this state as reflected in the records of the secretary of state; and in the case of a corporation, limited liability company, limited liability partnership, or limited partnership, such entity is in good standing with the Tennessee department of revenue;
(2) "Board" means the state board for licensing contractors;
(3) "Commercial construction project" means any construction project that is not: (A) The construction, erection, remodeling, repair, improvement, alteration or demolition of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height or accessory use structures in connection with the residences; (B) The construction, erection, remodeling, repair, improvement, alteration or demolition of any building or structure for use and occupancy by the general public which, pursuant to § 62-6-112(f)(2) , a small commercial building contractor is authorized to bid on and contract for; or (C) Performed by any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service, telecommunications service, cable service, or internet service or any combination thereof, for sale to consumers in any particular service area;
(A) The construction, erection, remodeling, repair, improvement, alteration or demolition of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height or accessory use structures in connection with the residences;
(B) The construction, erection, remodeling, repair, improvement, alteration or demolition of any building or structure for use and occupancy by the general public which, pursuant to § 62-6-112(f)(2) , a small commercial building contractor is authorized to bid on and contract for; or
(C) Performed by any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service, telecommunications service, cable service, or internet service or any combination thereof, for sale to consumers in any particular service area;
(4) "Construction project" means the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking; provided, that if a general contractor contracts to erect, remodel, repair, improve, alter or demolish multiple buildings, structures or undertakings in one (1) contract, all such buildings, structures or undertakings described in such contract shall constitute one (1) construction project;
(5) "Construction services provider" or "provider" means any person or entity engaged in the construction industry;
(6) "Corporate officer" or "officer of a corporation" means any person who fills an office provided for in the corporate charter or articles of incorporation of a corporation that in the case of a domestic corporation is formed under the laws of this state pursuant to title 48, chapters 11-68, or in the case of a foreign corporation is authorized to transact business in this state pursuant to title 48, chapters 11-68; provided, that a domestic or foreign corporation is active and in good standing as reflected in the records of the secretary of state;
(7) "Direct labor" means the performance of any activity that would be assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120 , but does not include: (A) Classification code 5604, or any subsequent classification code, for construction executives, supervisors, or foremen that are responsible only for the oversight of laborers; or (B) Classification code 5606, or any subsequent classification code, for project managers, construction executives, construction managers and construction superintendents having only administrative or managerial responsibilities for construction projects by exercising operational control indirectly through job supervisors or foremen;
(A) Classification code 5604, or any subsequent classification code, for construction executives, supervisors, or foremen that are responsible only for the oversight of laborers; or
(B) Classification code 5606, or any subsequent classification code, for project managers, construction executives, construction managers and construction superintendents having only administrative or managerial responsibilities for construction projects by exercising operational control indirectly through job supervisors or foremen;
(8) "Engaged in the construction industry" means any person or entity assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120 ; provided, that where more than one (1) classification applies, the governing classification, as that term is defined by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120 , shall be used to determine whether the person or entity is engaged in the construction industry;
(9) "Family-owned business" means a business entity in which members of the same family of the applicant have an aggregate of at least ninety-five percent (95%) ownership of such business;
(10) "General contractor" means the person or entity responsible to the owner or developer for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking and who contracts directly with the owner or developer of the building, structure or other undertaking; "general contractor" includes a prime contractor;
(11) "Good standing with the Tennessee department of revenue" means the bureau of workers' compensation has received and verified through electronic confirmation or a certificate of tax clearance issued by the commissioner of revenue that a corporation, limited liability company, limited liability partnership, or limited partnership is current on all fees, taxes, and penalties to the satisfaction of the commissioner;
(12) "Member of a limited liability company" means any member of a limited liability company formed pursuant to title 48, chapters 201-249 that is active and in good standing as reflected in the records of the secretary of state;
(13) "Members of the same family of the applicant" means parents, children, siblings, grandparents, grandchildren, stepparents, stepchildren, stepsiblings, or spouses of such, and includes adoptive relationships;
(14) "Partner" means any person who is a member of an association that is formed by two (2) or more persons to carry on as co-owners of a business or other undertaking for profit and such association is active and in good standing as reflected in the records of the secretary of state;
(15) "Person" means only a natural person and does not include a business entity;
(16) "Registry" means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the bureau of workers' compensation; and
(17) "Sole proprietor" means one (1) person who owns a form of business in which that person owns all the assets of such business.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 3.
Tenn. Code Ann. § 50-6-1016 — TN Code / Title 50 / Chapter 6 / Section 50-6-1016
Risk-based security program
Status: in_force

(a) As an alternative to each employer securing its own incurred liabilities, the association shall provide in its plan of operation for a risk-based security program whereby all member self-insurers designated for participation by the association collectively secure their aggregate incurred liabilities through the association. The plan of operation must provide for the association to set a total security requirement for these participating employers based on a review of each participating employer's annual reports and any other self-insurer information as the association deems relevant. The association shall propose to the commissioner an annual plan by June 1, which must set forth a combination of cash and securities, surety bonds, irrevocable letters of credit, insurance, or other financial instruments satisfactory to the commissioner. Upon approval of the plan by the commissioner, the combination comprises the risk-based security program and satisfies the security deposit requirements for participating employers, in lieu of individual collateral. An employer's individual collateral must be returned to the employer upon payment of the assessment. If the commissioner does not approve the plan within thirty (30) days of receipt, then the plan is deemed approved. (b) A member self-insurer who is deemed eligible to participate must participate in the risk-based security program, pay all assessments arising from the self-insurer's participation, and satisfy the self-insurer's security requirements as required by the association. (c) To provide for the risk-based security program, the association shall assess each participating member self-insurer a deposit assessment payable within thirty (30) days. The amount of the deposit assessment charged to each participating employer must be set by the association, based on the association's reasonable consideration of the following factors: (1) The amount needed to cover the association's operation costs; (2) The employer's actuarially determined workers' compensation liabilities; (3) The financial strength and creditworthiness of the self-insured; and (4) Any other reasonable factors as may be authorized by the plan of operation or the risk-based security program plan. (d) The commissioner and the bureau of workers' compensation may share with the association information held by them related to the member self-insurers, under terms and conditions as set by the commissioner, to preserve the confidentiality of the financial information. (e) A member self-insurer does not have a right, title, or interest in the funds paid as assessments to the association, nor to any interest or earning thereon. (f) To the extent that the total assessments paid by self-insured employers is not exhausted by the association, the surplus plus any interest earned thereon must remain with the association for its use in future years. Such funds must be used to pay self-insured workers' compensation liabilities and the costs and expenses of the association, and shall not be used for any other purposes by this state. (g) If an employer fails to pay the deposit assessment in the time provided, then the commissioner may order the employer to pay a penalty of not less than ten percent (10%) of its deposit assessment, plus interest on any unpaid amount at the prejudgment rate, and to post a separate security deposit. The penalty and interest must be paid directly to the association. The commissioner may also revoke the certificate of authority to self-insure of any employer who fails to pay the deposit assessment in the time provided. The association may specify additional penalties within the risk-based security program plan. (h) The association shall set minimum credit, financial, or other conditions that an employer must meet in order to participate in the risk-based security program. If an employer is unable to meet the conditions set by the association for participation, then the association must exclude the employer from participation in the risk-based security program. If an employer is excluded from participation in the risk-based security program, then the employer must post a separate security deposit and pay a deposit assessment set by the association. (i) An employer whose certificate of authority is inactive may participate in the risk-based security program if the association approves the participation of the employer. (j) At all times, an employer shall have secured its incurred workers' compensation liabilities as allowed by law and shall not have a lapse in the security of its incurred workers' compensation liabilities. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
(a) As an alternative to each employer securing its own incurred liabilities, the association shall provide in its plan of operation for a risk-based security program whereby all member self-insurers designated for participation by the association collectively secure their aggregate incurred liabilities through the association. The plan of operation must provide for the association to set a total security requirement for these participating employers based on a review of each participating employer's annual reports and any other self-insurer information as the association deems relevant. The association shall propose to the commissioner an annual plan by June 1, which must set forth a combination of cash and securities, surety bonds, irrevocable letters of credit, insurance, or other financial instruments satisfactory to the commissioner. Upon approval of the plan by the commissioner, the combination comprises the risk-based security program and satisfies the security deposit requirements for participating employers, in lieu of individual collateral. An employer's individual collateral must be returned to the employer upon payment of the assessment. If the commissioner does not approve the plan within thirty (30) days of receipt, then the plan is deemed approved.
(b) A member self-insurer who is deemed eligible to participate must participate in the risk-based security program, pay all assessments arising from the self-insurer's participation, and satisfy the self-insurer's security requirements as required by the association.
(c) To provide for the risk-based security program, the association shall assess each participating member self-insurer a deposit assessment payable within thirty (30) days. The amount of the deposit assessment charged to each participating employer must be set by the association, based on the association's reasonable consideration of the following factors: (1) The amount needed to cover the association's operation costs; (2) The employer's actuarially determined workers' compensation liabilities; (3) The financial strength and creditworthiness of the self-insured; and (4) Any other reasonable factors as may be authorized by the plan of operation or the risk-based security program plan.
(1) The amount needed to cover the association's operation costs;
(2) The employer's actuarially determined workers' compensation liabilities;
(3) The financial strength and creditworthiness of the self-insured; and
(4) Any other reasonable factors as may be authorized by the plan of operation or the risk-based security program plan.
(d) The commissioner and the bureau of workers' compensation may share with the association information held by them related to the member self-insurers, under terms and conditions as set by the commissioner, to preserve the confidentiality of the financial information.
(e) A member self-insurer does not have a right, title, or interest in the funds paid as assessments to the association, nor to any interest or earning thereon.
(f) To the extent that the total assessments paid by self-insured employers is not exhausted by the association, the surplus plus any interest earned thereon must remain with the association for its use in future years. Such funds must be used to pay self-insured workers' compensation liabilities and the costs and expenses of the association, and shall not be used for any other purposes by this state.
(g) If an employer fails to pay the deposit assessment in the time provided, then the commissioner may order the employer to pay a penalty of not less than ten percent (10%) of its deposit assessment, plus interest on any unpaid amount at the prejudgment rate, and to post a separate security deposit. The penalty and interest must be paid directly to the association. The commissioner may also revoke the certificate of authority to self-insure of any employer who fails to pay the deposit assessment in the time provided. The association may specify additional penalties within the risk-based security program plan.
(h) The association shall set minimum credit, financial, or other conditions that an employer must meet in order to participate in the risk-based security program. If an employer is unable to meet the conditions set by the association for participation, then the association must exclude the employer from participation in the risk-based security program. If an employer is excluded from participation in the risk-based security program, then the employer must post a separate security deposit and pay a deposit assessment set by the association.
(i) An employer whose certificate of authority is inactive may participate in the risk-based security program if the association approves the participation of the employer.
(j) At all times, an employer shall have secured its incurred workers' compensation liabilities as allowed by law and shall not have a lapse in the security of its incurred workers' compensation liabilities.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-6-203 — TN Code / Title 50 / Chapter 6 / Section 50-6-203
Limitation of time, claims and actions
Status: in_force

(a) No request for a hearing by a workers' compensation judge under this chapter shall be filed with the court of workers' compensation claims, other than a request for settlement approval, until a workers' compensation mediator has issued a dispute certification notice certifying issues in dispute for hearing before a workers' compensation judge. (b) (1) In instances when the employer has not paid workers' compensation benefits to or on behalf of the employee, the right to compensation under this chapter shall be forever barred, unless the notice required by § 50-6-201 is given to the employer and a petition for benefit determination is filed with the bureau on a form prescribed by the administrator within one (1) year after the accident resulting in injury. (2) In instances when the employer has voluntarily paid workers' compensation benefits, within one (1) year following the accident resulting in injury, the right to compensation is forever barred, unless a petition for benefit determination is filed with the bureau on a form prescribed by the administrator within one (1) year from the latter of the date of the last authorized treatment or the time the employer ceased to make payments of compensation to or on behalf of the employee. (c) For purposes of this section, the issuing date of the last payment of compensation by the employer, not the date of its receipt, shall constitute the time the employer ceased making payments and an employer or its insurer shall provide the date on request. (d) In case of physical or mental incapacity, other than minority, of the injured person or the injured person's dependents to perform or cause to be performed any action required within the time specified in this section, then the period of limitation in the case shall be extended for one (1) year from the date when the incapacity ceases. (e) (1) Unless a claim for death benefits is settled or voluntarily paid, the dependent or dependents of a deceased employee shall file a petition for benefit determination on a form prescribed by the administrator within one (1) year after the date of the employee's death. (2) In the event the deceased employee was a native of a foreign country and leaves no known dependent or dependents within the United States, it shall be the duty of the administrator to give written notice forthwith of the death to the duly accredited consular officer of the country of which the beneficiaries are citizens. (f) If the employee fails to appear and participate in alternative dispute resolution as scheduled by the bureau, a workers' compensation judge shall have the authority to dismiss the employee's claim by sending a copy of the order of dismissal by certified mail with return receipt requested to the employee's last known address. The order of dismissal for failure to participate in alternative dispute resolution shall become final and the claim shall be forever barred, unless the employee contacts the bureau to schedule mediation and attends mediation within sixty (60) days after the date on which the workers' compensation judge enters the order of dismissal. If the employee complies with the requirements of this subsection (f) within the timeframe provided, the workers' compensation judge shall rescind the order dismissing the employee's claim for failure to participate in alternative dispute resolution. (g) Proceedings to obtain a judgment in the case of the failure of the employer for thirty (30) days to pay any compensation due under any settlement or determination shall be filed within one (1) year after the default. (h) In any case where an employer has paid permanent partial disability benefits to an employee in an attempt to settle a claim for workers' compensation benefits but the employee and employer have not entered into a settlement agreement that has been approved by a workers' compensation judge, the statute of limitations for filing a claim to recover workers' compensation benefits pursuant to this chapter shall be extended for two (2) years from the date the last payment of permanent partial disability benefits was made to the employee. Acts 1919, ch. 123, § 24; Shan. Supp., § 3608a173; Code 1932, § 6874; Acts 1947, ch. 139, § 4; C. Supp. 1950, § 6874; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1003; Acts 1996, ch. 944, § 13; 1998, ch. 1024, §§ 1, 2; 1999, ch. 520, § 41; 2004, ch. 962, § 14; 2005, ch. 390, §§ 5, 6; 2008, ch. 1183, § 10; 2013, ch. 282, § 1; 2013, ch. 289, §§ 31 - 34; 2015, ch. 341, §§ 4, 15.
(a) No request for a hearing by a workers' compensation judge under this chapter shall be filed with the court of workers' compensation claims, other than a request for settlement approval, until a workers' compensation mediator has issued a dispute certification notice certifying issues in dispute for hearing before a workers' compensation judge.
(b) (1) In instances when the employer has not paid workers' compensation benefits to or on behalf of the employee, the right to compensation under this chapter shall be forever barred, unless the notice required by § 50-6-201 is given to the employer and a petition for benefit determination is filed with the bureau on a form prescribed by the administrator within one (1) year after the accident resulting in injury. (2) In instances when the employer has voluntarily paid workers' compensation benefits, within one (1) year following the accident resulting in injury, the right to compensation is forever barred, unless a petition for benefit determination is filed with the bureau on a form prescribed by the administrator within one (1) year from the latter of the date of the last authorized treatment or the time the employer ceased to make payments of compensation to or on behalf of the employee.
(1) In instances when the employer has not paid workers' compensation benefits to or on behalf of the employee, the right to compensation under this chapter shall be forever barred, unless the notice required by § 50-6-201 is given to the employer and a petition for benefit determination is filed with the bureau on a form prescribed by the administrator within one (1) year after the accident resulting in injury.
(2) In instances when the employer has voluntarily paid workers' compensation benefits, within one (1) year following the accident resulting in injury, the right to compensation is forever barred, unless a petition for benefit determination is filed with the bureau on a form prescribed by the administrator within one (1) year from the latter of the date of the last authorized treatment or the time the employer ceased to make payments of compensation to or on behalf of the employee.
(c) For purposes of this section, the issuing date of the last payment of compensation by the employer, not the date of its receipt, shall constitute the time the employer ceased making payments and an employer or its insurer shall provide the date on request.
(d) In case of physical or mental incapacity, other than minority, of the injured person or the injured person's dependents to perform or cause to be performed any action required within the time specified in this section, then the period of limitation in the case shall be extended for one (1) year from the date when the incapacity ceases.
(e) (1) Unless a claim for death benefits is settled or voluntarily paid, the dependent or dependents of a deceased employee shall file a petition for benefit determination on a form prescribed by the administrator within one (1) year after the date of the employee's death. (2) In the event the deceased employee was a native of a foreign country and leaves no known dependent or dependents within the United States, it shall be the duty of the administrator to give written notice forthwith of the death to the duly accredited consular officer of the country of which the beneficiaries are citizens.
(1) Unless a claim for death benefits is settled or voluntarily paid, the dependent or dependents of a deceased employee shall file a petition for benefit determination on a form prescribed by the administrator within one (1) year after the date of the employee's death.
(2) In the event the deceased employee was a native of a foreign country and leaves no known dependent or dependents within the United States, it shall be the duty of the administrator to give written notice forthwith of the death to the duly accredited consular officer of the country of which the beneficiaries are citizens.
(f) If the employee fails to appear and participate in alternative dispute resolution as scheduled by the bureau, a workers' compensation judge shall have the authority to dismiss the employee's claim by sending a copy of the order of dismissal by certified mail with return receipt requested to the employee's last known address. The order of dismissal for failure to participate in alternative dispute resolution shall become final and the claim shall be forever barred, unless the employee contacts the bureau to schedule mediation and attends mediation within sixty (60) days after the date on which the workers' compensation judge enters the order of dismissal. If the employee complies with the requirements of this subsection (f) within the timeframe provided, the workers' compensation judge shall rescind the order dismissing the employee's claim for failure to participate in alternative dispute resolution.
(g) Proceedings to obtain a judgment in the case of the failure of the employer for thirty (30) days to pay any compensation due under any settlement or determination shall be filed within one (1) year after the default.
(h) In any case where an employer has paid permanent partial disability benefits to an employee in an attempt to settle a claim for workers' compensation benefits but the employee and employer have not entered into a settlement agreement that has been approved by a workers' compensation judge, the statute of limitations for filing a claim to recover workers' compensation benefits pursuant to this chapter shall be extended for two (2) years from the date the last payment of permanent partial disability benefits was made to the employee.
Acts 1919, ch. 123, § 24; Shan. Supp., § 3608a173; Code 1932, § 6874; Acts 1947, ch. 139, § 4; C. Supp. 1950, § 6874; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1003; Acts 1996, ch. 944, § 13; 1998, ch. 1024, §§ 1, 2; 1999, ch. 520, § 41; 2004, ch. 962, § 14; 2005, ch. 390, §§ 5, 6; 2008, ch. 1183, § 10; 2013, ch. 282, § 1; 2013, ch. 289, §§ 31 - 34; 2015, ch. 341, §§ 4, 15.
Tenn. Code Ann. § 50-9-114 — TN Code / Title 50 / Chapter 9 / Section 50-9-114
Information to be included within bid or procurement specifications for construction services - Contesting a contract
Status: in_force

(a) The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information: (1) A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates any other programs that provide for testing of employees for workplace use of drugs or alcohol; (2) If operating such a program, a statement that describes the government entity's drug-free workplace or alcohol and drug testing program; and (3) A statement that all bidders or proposals for construction services are required to submit an affidavit as part of their bid, that attests that the bidder operates a drug-free workplace program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the governmental entity. (b) Unless suit is filed in chancery court, employers shall have seven (7) calendar days to contest a contract entered into by employers subject to this section with a local government or state government. Employers that do not contest the contracts within seven (7) calendar days by filing suit in chancery court shall waive their rights to challenge the contracts for violating this section. The contracts shall be contested in chancery court in the county where the contract was entered. The trial of the alleged violation of this section shall be expedited by giving it priority over all cases on the trial docket, except workers' compensation cases. Acts 2002, ch. 693, § 1.
(a) The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information: (1) A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates any other programs that provide for testing of employees for workplace use of drugs or alcohol; (2) If operating such a program, a statement that describes the government entity's drug-free workplace or alcohol and drug testing program; and (3) A statement that all bidders or proposals for construction services are required to submit an affidavit as part of their bid, that attests that the bidder operates a drug-free workplace program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the governmental entity.
(1) A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates any other programs that provide for testing of employees for workplace use of drugs or alcohol;
(2) If operating such a program, a statement that describes the government entity's drug-free workplace or alcohol and drug testing program; and
(3) A statement that all bidders or proposals for construction services are required to submit an affidavit as part of their bid, that attests that the bidder operates a drug-free workplace program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the governmental entity.
(b) Unless suit is filed in chancery court, employers shall have seven (7) calendar days to contest a contract entered into by employers subject to this section with a local government or state government. Employers that do not contest the contracts within seven (7) calendar days by filing suit in chancery court shall waive their rights to challenge the contracts for violating this section. The contracts shall be contested in chancery court in the county where the contract was entered. The trial of the alleged violation of this section shall be expedited by giving it priority over all cases on the trial docket, except workers' compensation cases.
Acts 2002, ch. 693, § 1.
Tenn. Code Ann. § 50-7-711 — TN Code / Title 50 / Chapter 7 / Section 50-7-711
Misrepresentation to prevent benefit payments or to evade premium liability - Penalty
Status: in_force

(a) Any employing unit, or any officer or agent of an employing unit, or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled to benefits, or to avoid becoming or remaining subject to this chapter, or to avoid or reduce any premium or other payment required from an employing unit under this chapter, or who willfully fails or refuses to make the premiums or other payments, or to furnish any reports required under this chapter, or to produce or permit the inspection or copying of records as required under this chapter, commits a Class E felony. (b) Each false statement or representation or failure to disclose a material fact, and each day of the failure or refusal constitutes a separate offense. Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 1; T.C.A. (orig. ed.), § 50-1352; Acts 1985, ch. 318, § 81; 1989, ch. 591, § 48.
(a) Any employing unit, or any officer or agent of an employing unit, or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled to benefits, or to avoid becoming or remaining subject to this chapter, or to avoid or reduce any premium or other payment required from an employing unit under this chapter, or who willfully fails or refuses to make the premiums or other payments, or to furnish any reports required under this chapter, or to produce or permit the inspection or copying of records as required under this chapter, commits a Class E felony.
(b) Each false statement or representation or failure to disclose a material fact, and each day of the failure or refusal constitutes a separate offense.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 1; T.C.A. (orig. ed.), § 50-1352; Acts 1985, ch. 318, § 81; 1989, ch. 591, § 48.
Tenn. Code Ann. § 50-7-506 — TN Code / Title 50 / Chapter 7 / Section 50-7-506
Investment and securing of funds - Interest
Status: in_force

(a) All moneys in the state treasury in funds created by this chapter shall be invested and secured under title 9, chapter 4, parts 1-4 and 6-8; provided, that in the event of any conflict between this section and § 50-7-501(b) , § 50-7-501(b) shall control. (b) The state treasurer shall periodically review the balances in the various funds created pursuant to this chapter and allocate the interest as is payable pursuant to title 9, chapter 4, parts 1-4 and 6-8. (c) The state treasurer shall pro rata reduce interest allocations to all funds for which interest is paid pursuant to this section, if necessary, to compensate for any account or fund having a negative balance for the period for which interest allocations are made. Repealed by 2018 Tenn. Acts, ch. 642, s 4, eff. 7/1/2018. Acts 1983, ch. 439, § 16; 1999, ch. 520, § 41.
(a) All moneys in the state treasury in funds created by this chapter shall be invested and secured under title 9, chapter 4, parts 1-4 and 6-8; provided, that in the event of any conflict between this section and § 50-7-501(b) , § 50-7-501(b) shall control.
(b) The state treasurer shall periodically review the balances in the various funds created pursuant to this chapter and allocate the interest as is payable pursuant to title 9, chapter 4, parts 1-4 and 6-8.
(c) The state treasurer shall pro rata reduce interest allocations to all funds for which interest is paid pursuant to this section, if necessary, to compensate for any account or fund having a negative balance for the period for which interest allocations are made.
Repealed by 2018 Tenn. Acts, ch. 642, s 4, eff. 7/1/2018.
Acts 1983, ch. 439, § 16; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-503 — TN Code / Title 50 / Chapter 3 / Section 50-3-503
Death of employee caused by willful violation of standard
Status: in_force

Any employer who willfully violates any standard adopted by regulation promulgated pursuant to § 50-3-201 , which violation causes the death of any employee, commits a Class A misdemeanor. Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 20, 35; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-541; Acts 1989, ch. 591, § 111.
Any employer who willfully violates any standard adopted by regulation promulgated pursuant to § 50-3-201 , which violation causes the death of any employee, commits a Class A misdemeanor.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 20, 35; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-541; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 50-1-712 — TN Code / Title 50 / Chapter 1 / Section 50-1-712
Interpretation as fully consistent with federal immigration and labor laws
Status: in_force

This part shall be interpreted so as to be fully consistent with all federal laws, including, but not limited to, federal laws regulating immigration and labor. Acts 2011, ch. 436, § 5.
This part shall be interpreted so as to be fully consistent with all federal laws, including, but not limited to, federal laws regulating immigration and labor.
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-6-123 — TN Code / Title 50 / Chapter 6 / Section 50-6-123
Case management system for coordinating medical care services
Status: in_force

(a) All case managers, including case manager assistants, coordinating the medical care services provided to employees claiming benefits or handling claims of employees claimed under this chapter shall be certified by the bureau pursuant to this section. (b) The administrator shall establish, pursuant to the administrator's rulemaking authority, a system of case management for coordinating the medical care services provided to employees claiming benefits under this chapter; provided, however, it is within the discretion of the administrator to provide or deny case management services to any employee who has suffered a workers' compensation injury. Pursuant to the administrator's rulemaking authority, the administrator may establish: (1) Minimum standards for the professional practice of case managers and case manager assistants; and (2) A procedure for case managers and case manager assistants to obtain certification if required pursuant to this section. (c) Any case manager, case manager assistant, or person or entity that employs a case manager who fails to comply with this section, or rules promulgated pursuant to this section, may be subject, after notice of a violation has been provided, to a penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per violation, at the discretion of the administrator. In addition to any penalty assessed pursuant to this subsection (c), the administrator may also suspend the person's certification as a case manager or case manager assistant if, in the discretion of the administrator, the person has an established pattern of violations of this section. (d) The bureau shall notify any person who has violated this section of such violation and may assess a penalty, suspend the person's certification, or both. The person shall have fifteen (15) calendar days from the date notice was sent to appeal the decision pursuant to the procedures provided for under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or to pay the assessed penalty. (e) Nothing in this section shall prevent an employer from establishing its own program of case management that meets the guidelines promulgated by the administrator in rules. (f) Medical care, treatment, therapy, or services provided at the employee's residence pursuant to this chapter shall not be considered home health services as defined in § 68-11-201 when provided pursuant to direction of the employee's attending physician in the following specific circumstances only: (1) By a licensed healthcare provider who routinely provides services to employees at the place of employment, if the services rendered by the provider at the employee's residence are of the same type rendered by the provider at the place of employment; or (2) By a licensed physical therapist, occupational therapist, or speech therapist practicing independently of a home health agency, when the employee's attending physician determines that it is in the best interest of the employee to be treated by the independent therapist because of the therapist's expertise in workplace injuries. Acts 1992, ch. 900, § 7; 1996, ch. 944, § 9; 2001, ch. 148, § 1; 2004, ch. 962, §§ 28, 29; 2013, ch. 282, § 1; 2016, ch. 803, § 1.
(a) All case managers, including case manager assistants, coordinating the medical care services provided to employees claiming benefits or handling claims of employees claimed under this chapter shall be certified by the bureau pursuant to this section.
(b) The administrator shall establish, pursuant to the administrator's rulemaking authority, a system of case management for coordinating the medical care services provided to employees claiming benefits under this chapter; provided, however, it is within the discretion of the administrator to provide or deny case management services to any employee who has suffered a workers' compensation injury. Pursuant to the administrator's rulemaking authority, the administrator may establish: (1) Minimum standards for the professional practice of case managers and case manager assistants; and (2) A procedure for case managers and case manager assistants to obtain certification if required pursuant to this section.
(1) Minimum standards for the professional practice of case managers and case manager assistants; and
(2) A procedure for case managers and case manager assistants to obtain certification if required pursuant to this section.
(c) Any case manager, case manager assistant, or person or entity that employs a case manager who fails to comply with this section, or rules promulgated pursuant to this section, may be subject, after notice of a violation has been provided, to a penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per violation, at the discretion of the administrator. In addition to any penalty assessed pursuant to this subsection (c), the administrator may also suspend the person's certification as a case manager or case manager assistant if, in the discretion of the administrator, the person has an established pattern of violations of this section.
(d) The bureau shall notify any person who has violated this section of such violation and may assess a penalty, suspend the person's certification, or both. The person shall have fifteen (15) calendar days from the date notice was sent to appeal the decision pursuant to the procedures provided for under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or to pay the assessed penalty.
(e) Nothing in this section shall prevent an employer from establishing its own program of case management that meets the guidelines promulgated by the administrator in rules.
(f) Medical care, treatment, therapy, or services provided at the employee's residence pursuant to this chapter shall not be considered home health services as defined in § 68-11-201 when provided pursuant to direction of the employee's attending physician in the following specific circumstances only: (1) By a licensed healthcare provider who routinely provides services to employees at the place of employment, if the services rendered by the provider at the employee's residence are of the same type rendered by the provider at the place of employment; or (2) By a licensed physical therapist, occupational therapist, or speech therapist practicing independently of a home health agency, when the employee's attending physician determines that it is in the best interest of the employee to be treated by the independent therapist because of the therapist's expertise in workplace injuries.
(1) By a licensed healthcare provider who routinely provides services to employees at the place of employment, if the services rendered by the provider at the employee's residence are of the same type rendered by the provider at the place of employment; or
(2) By a licensed physical therapist, occupational therapist, or speech therapist practicing independently of a home health agency, when the employee's attending physician determines that it is in the best interest of the employee to be treated by the independent therapist because of the therapist's expertise in workplace injuries.
Acts 1992, ch. 900, § 7; 1996, ch. 944, § 9; 2001, ch. 148, § 1; 2004, ch. 962, §§ 28, 29; 2013, ch. 282, § 1; 2016, ch. 803, § 1.
Tenn. Code Ann. § 50-1-702 — TN Code / Title 50 / Chapter 1 / Section 50-1-702
Part definitions
Status: in_force

As used in this part: (1) "Commissioner" means the commissioner of labor and workforce development, or the commissioner's designee; (2) "Department" means the department of labor and workforce development, unless the context provides otherwise; (3) "Department of homeland security" means the United States department of homeland security, or the appropriate agency or division within such department, or any successor department, agency, or division thereto; (4) "Economic development incentive" means any grant, loan or performance-based incentive from any governmental entity; (5) "Employee" means any individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations, and does not include an independent contractor as defined by 8 U.S.C. § 1324a and its regulations; (6) "Employer" means private employers and governmental entities; (7) "E-Verify program" means the federal electronic work authorization verification service provided by the department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. L. No. 108-156, or any successor program thereto; (8) "Governmental entity" means this state or any political subdivision which exercises governmental powers under the laws of this state and uses tax revenues; (9) "Internet access" means internet service that is installed and accessible at an employer's place of business; (10) "License" means any certificate, approval, registration, or similar form of permission issued by a local government with respect to business licensure as described in title 67, chapter 4; (11) "Nonemployee" means any individual, other than an employee, paid directly by the employer in exchange for the individual's labor or services; (12) "Person" means an individual, corporation, partnership, or other legal entity; (13) "Private employer" means any person who is required by federal law and regulations to report, for any purpose, remuneration paid to at least six (6) employees; and (14) "Tax form" means any form issued by the United States internal revenue service, including, but not limited to, Form W-2, Form-1099 or Form-1040. Acts 2011 , ch. 436, § 5; 2012 , ch. 736, § 1.
As used in this part:
(1) "Commissioner" means the commissioner of labor and workforce development, or the commissioner's designee;
(2) "Department" means the department of labor and workforce development, unless the context provides otherwise;
(3) "Department of homeland security" means the United States department of homeland security, or the appropriate agency or division within such department, or any successor department, agency, or division thereto;
(4) "Economic development incentive" means any grant, loan or performance-based incentive from any governmental entity;
(5) "Employee" means any individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations, and does not include an independent contractor as defined by 8 U.S.C. § 1324a and its regulations;
(6) "Employer" means private employers and governmental entities;
(7) "E-Verify program" means the federal electronic work authorization verification service provided by the department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. L. No. 108-156, or any successor program thereto;
(8) "Governmental entity" means this state or any political subdivision which exercises governmental powers under the laws of this state and uses tax revenues;
(9) "Internet access" means internet service that is installed and accessible at an employer's place of business;
(10) "License" means any certificate, approval, registration, or similar form of permission issued by a local government with respect to business licensure as described in title 67, chapter 4;
(11) "Nonemployee" means any individual, other than an employee, paid directly by the employer in exchange for the individual's labor or services;
(12) "Person" means an individual, corporation, partnership, or other legal entity;
(13) "Private employer" means any person who is required by federal law and regulations to report, for any purpose, remuneration paid to at least six (6) employees; and
(14) "Tax form" means any form issued by the United States internal revenue service, including, but not limited to, Form W-2, Form-1099 or Form-1040.
Acts 2011 , ch. 436, § 5; 2012 , ch. 736, § 1.
Tenn. Code Ann. § 50-5-217 — TN Code / Title 50 / Chapter 5 / Section 50-5-217
Persons to be served with petition
Status: in_force

The following persons, other than one who is the petitioner or who joins in the petition, shall be served with the petition by formal notice, as prescribed by Rule 4 of the Tennessee Rules of Civil Procedure: (1) The minor; (2) The minor's legal custodian or guardian ad litem, if any, whether or not appointed or qualified in this state; (3) Each party to the contract; (4) The parent or parents of the minor; (5) Any person having the care and custody of the minor; (6) The person with whom the minor resides, if other than a parent or guardian; and (7) If it appears that the minor is married, the minor's spouse. Acts 2003, ch. 168, § 1.
The following persons, other than one who is the petitioner or who joins in the petition, shall be served with the petition by formal notice, as prescribed by Rule 4 of the Tennessee Rules of Civil Procedure:
(1) The minor;
(2) The minor's legal custodian or guardian ad litem, if any, whether or not appointed or qualified in this state;
(3) Each party to the contract;
(4) The parent or parents of the minor;
(5) Any person having the care and custody of the minor;
(6) The person with whom the minor resides, if other than a parent or guardian; and
(7) If it appears that the minor is married, the minor's spouse.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-10-102 — TN Code / Title 50 / Chapter 10 / Section 50-10-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Commissioner" means the commissioner of labor and workforce development; (2) "Employer" means a person employing fifteen (15) or more employees; (3) "Reasonable accommodation" may include: (A) Making existing facilities used by employees readily accessible and usable; (B) Providing more frequent, longer, or flexible breaks; (C) Providing a private place, other than a bathroom stall, for the purpose of expressing milk; (D) Modifying food or drink policy; (E) Providing modified seating or allowing the employee to sit more frequently if the job requires standing; (F) Providing assistance with manual labor and limits on lifting; (G) Authorizing a temporary transfer to a vacant position; (H) Providing job restructuring or light duty, if available; (I) Acquiring or modifying of equipment, devices, or an employee's work station; (J) Modifying work schedules; and (K) Allowing flexible scheduling for prenatal visits; and (4) "Undue hardship" means an action requiring significant difficulty or expense. Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
As used in this chapter:
(1) "Commissioner" means the commissioner of labor and workforce development;
(2) "Employer" means a person employing fifteen (15) or more employees;
(3) "Reasonable accommodation" may include: (A) Making existing facilities used by employees readily accessible and usable; (B) Providing more frequent, longer, or flexible breaks; (C) Providing a private place, other than a bathroom stall, for the purpose of expressing milk; (D) Modifying food or drink policy; (E) Providing modified seating or allowing the employee to sit more frequently if the job requires standing; (F) Providing assistance with manual labor and limits on lifting; (G) Authorizing a temporary transfer to a vacant position; (H) Providing job restructuring or light duty, if available; (I) Acquiring or modifying of equipment, devices, or an employee's work station; (J) Modifying work schedules; and (K) Allowing flexible scheduling for prenatal visits; and
(A) Making existing facilities used by employees readily accessible and usable;
(B) Providing more frequent, longer, or flexible breaks;
(C) Providing a private place, other than a bathroom stall, for the purpose of expressing milk;
(D) Modifying food or drink policy;
(E) Providing modified seating or allowing the employee to sit more frequently if the job requires standing;
(F) Providing assistance with manual labor and limits on lifting;
(G) Authorizing a temporary transfer to a vacant position;
(H) Providing job restructuring or light duty, if available;
(I) Acquiring or modifying of equipment, devices, or an employee's work station;
(J) Modifying work schedules; and
(K) Allowing flexible scheduling for prenatal visits; and
(4) "Undue hardship" means an action requiring significant difficulty or expense.
Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
Tenn. Code Ann. § 50-6-133 — TN Code / Title 50 / Chapter 6 / Section 50-6-133
Reserved
Status: repealed

Acts 2004, ch. 962, § 31.
Tenn. Code Ann. § 50-3-1005 — TN Code / Title 50 / Chapter 3 / Section 50-3-1005
Notification to power company and responsibility for safeguards
Status: in_force

When any operations are to be performed, tools or materials are to be handled, or equipment is to be moved or operated, within ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, of any high-voltage overhead line, the person or persons responsible for the work to be done shall promptly notify the operator of the high-voltage overhead line of the work to be performed, and such person shall be responsible for the completion of the safety measures that are required by §§ 50-3-1002 and 50-3-1003 , before proceeding with any work that would impair the clearance. Acts 1955, ch. 289, § 5; T.C.A., §§ 53-2805, 68-21-105; Acts 2011 , ch. 157, §§ 6, 7; 2012 , ch. 681, §§ 2, 4; T.C.A. § 68-103-105 .
When any operations are to be performed, tools or materials are to be handled, or equipment is to be moved or operated, within ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, of any high-voltage overhead line, the person or persons responsible for the work to be done shall promptly notify the operator of the high-voltage overhead line of the work to be performed, and such person shall be responsible for the completion of the safety measures that are required by §§ 50-3-1002 and 50-3-1003 , before proceeding with any work that would impair the clearance.
Acts 1955, ch. 289, § 5; T.C.A., §§ 53-2805, 68-21-105; Acts 2011 , ch. 157, §§ 6, 7; 2012 , ch. 681, §§ 2, 4; T.C.A. § 68-103-105 .
Tenn. Code Ann. § 50-7-804 — TN Code / Title 50 / Chapter 7 / Section 50-7-804
Administration - Reimbursable screening for potential employment of grants to private businesses
Status: in_force

(a) The department shall administer the Tennessee works pilot program by awarding reimbursable training grants to privately owned businesses for the purpose of screening for potential employment of new and existing employees in this state. (b) (1) Tennessee works pilot program training grants will be awarded to eligible businesses seeking to make new hires during or after the screening period. Such grants shall be used for the eligible training expenses of a dislocated worker: (A) Who is a first-time unemployment insurance claimant. The claimant shall continue to receive unemployment insurance benefits during the screening period; or (B) Whose job is lost due to workforce offshoring by the worker's former employer and who is currently under a valid trade petition approved by the United States department of labor. (2) (A) A Tennessee works pilot program screening period shall last for up to, but no more than, eight (8) weeks. At any time during the screening period or after the screening period, the employer may elect to employ a dislocated worker on a full-time basis. (B) (i) If an employer elects to employ the dislocated worker and to provide additional on the job training (OJT) to the dislocated worker, then the employer will be eligible to receive a wage offset in return for providing additional OJT to the dislocated worker. The employment and training of a dislocated worker pursuant to this subdivision (b)(2)(B)(i) shall be in accordance with the department's existing OJT program and the department's rules and policies regarding the existing OJT program. (ii) A dislocated worker shall no longer be eligible to receive unemployment insurance benefits or trade adjustment compensation if the dislocated worker is employed and receiving OJT pursuant to subdivision (b)(2)(B)(i). If the employer does not retain the dislocated worker following the OJT period and the dislocated worker is otherwise eligible to receive unemployment insurance benefits, then the dislocated worker can, upon filing a claim, resume receipt of unemployment insurance benefits. (3) An employer shall no longer be eligible for grants through the Tennessee works pilot program if the employer does not demonstrate a pattern of continued employment of dislocated workers following the end of the OJT period. (c) Trade adjustment assistance funds shall only be awarded: (1) Through the Tennessee works pilot program pursuant to subdivision (b)(1)(B); and (2) To be used in limited cases as an option to expedite employment where the conditions described in subdivision (b)(1)(B) exist. Acts 2012, ch. 1068, § 1.
(a) The department shall administer the Tennessee works pilot program by awarding reimbursable training grants to privately owned businesses for the purpose of screening for potential employment of new and existing employees in this state.
(b) (1) Tennessee works pilot program training grants will be awarded to eligible businesses seeking to make new hires during or after the screening period. Such grants shall be used for the eligible training expenses of a dislocated worker: (A) Who is a first-time unemployment insurance claimant. The claimant shall continue to receive unemployment insurance benefits during the screening period; or (B) Whose job is lost due to workforce offshoring by the worker's former employer and who is currently under a valid trade petition approved by the United States department of labor. (2) (A) A Tennessee works pilot program screening period shall last for up to, but no more than, eight (8) weeks. At any time during the screening period or after the screening period, the employer may elect to employ a dislocated worker on a full-time basis. (B) (i) If an employer elects to employ the dislocated worker and to provide additional on the job training (OJT) to the dislocated worker, then the employer will be eligible to receive a wage offset in return for providing additional OJT to the dislocated worker. The employment and training of a dislocated worker pursuant to this subdivision (b)(2)(B)(i) shall be in accordance with the department's existing OJT program and the department's rules and policies regarding the existing OJT program. (ii) A dislocated worker shall no longer be eligible to receive unemployment insurance benefits or trade adjustment compensation if the dislocated worker is employed and receiving OJT pursuant to subdivision (b)(2)(B)(i). If the employer does not retain the dislocated worker following the OJT period and the dislocated worker is otherwise eligible to receive unemployment insurance benefits, then the dislocated worker can, upon filing a claim, resume receipt of unemployment insurance benefits. (3) An employer shall no longer be eligible for grants through the Tennessee works pilot program if the employer does not demonstrate a pattern of continued employment of dislocated workers following the end of the OJT period.
(1) Tennessee works pilot program training grants will be awarded to eligible businesses seeking to make new hires during or after the screening period. Such grants shall be used for the eligible training expenses of a dislocated worker: (A) Who is a first-time unemployment insurance claimant. The claimant shall continue to receive unemployment insurance benefits during the screening period; or (B) Whose job is lost due to workforce offshoring by the worker's former employer and who is currently under a valid trade petition approved by the United States department of labor.
(A) Who is a first-time unemployment insurance claimant. The claimant shall continue to receive unemployment insurance benefits during the screening period; or
(B) Whose job is lost due to workforce offshoring by the worker's former employer and who is currently under a valid trade petition approved by the United States department of labor.
(2) (A) A Tennessee works pilot program screening period shall last for up to, but no more than, eight (8) weeks. At any time during the screening period or after the screening period, the employer may elect to employ a dislocated worker on a full-time basis. (B) (i) If an employer elects to employ the dislocated worker and to provide additional on the job training (OJT) to the dislocated worker, then the employer will be eligible to receive a wage offset in return for providing additional OJT to the dislocated worker. The employment and training of a dislocated worker pursuant to this subdivision (b)(2)(B)(i) shall be in accordance with the department's existing OJT program and the department's rules and policies regarding the existing OJT program. (ii) A dislocated worker shall no longer be eligible to receive unemployment insurance benefits or trade adjustment compensation if the dislocated worker is employed and receiving OJT pursuant to subdivision (b)(2)(B)(i). If the employer does not retain the dislocated worker following the OJT period and the dislocated worker is otherwise eligible to receive unemployment insurance benefits, then the dislocated worker can, upon filing a claim, resume receipt of unemployment insurance benefits.
(A) A Tennessee works pilot program screening period shall last for up to, but no more than, eight (8) weeks. At any time during the screening period or after the screening period, the employer may elect to employ a dislocated worker on a full-time basis.
(B) (i) If an employer elects to employ the dislocated worker and to provide additional on the job training (OJT) to the dislocated worker, then the employer will be eligible to receive a wage offset in return for providing additional OJT to the dislocated worker. The employment and training of a dislocated worker pursuant to this subdivision (b)(2)(B)(i) shall be in accordance with the department's existing OJT program and the department's rules and policies regarding the existing OJT program. (ii) A dislocated worker shall no longer be eligible to receive unemployment insurance benefits or trade adjustment compensation if the dislocated worker is employed and receiving OJT pursuant to subdivision (b)(2)(B)(i). If the employer does not retain the dislocated worker following the OJT period and the dislocated worker is otherwise eligible to receive unemployment insurance benefits, then the dislocated worker can, upon filing a claim, resume receipt of unemployment insurance benefits.
(i) If an employer elects to employ the dislocated worker and to provide additional on the job training (OJT) to the dislocated worker, then the employer will be eligible to receive a wage offset in return for providing additional OJT to the dislocated worker. The employment and training of a dislocated worker pursuant to this subdivision (b)(2)(B)(i) shall be in accordance with the department's existing OJT program and the department's rules and policies regarding the existing OJT program.
(ii) A dislocated worker shall no longer be eligible to receive unemployment insurance benefits or trade adjustment compensation if the dislocated worker is employed and receiving OJT pursuant to subdivision (b)(2)(B)(i). If the employer does not retain the dislocated worker following the OJT period and the dislocated worker is otherwise eligible to receive unemployment insurance benefits, then the dislocated worker can, upon filing a claim, resume receipt of unemployment insurance benefits.
(3) An employer shall no longer be eligible for grants through the Tennessee works pilot program if the employer does not demonstrate a pattern of continued employment of dislocated workers following the end of the OJT period.
(c) Trade adjustment assistance funds shall only be awarded: (1) Through the Tennessee works pilot program pursuant to subdivision (b)(1)(B); and (2) To be used in limited cases as an option to expedite employment where the conditions described in subdivision (b)(1)(B) exist.
(1) Through the Tennessee works pilot program pursuant to subdivision (b)(1)(B); and
(2) To be used in limited cases as an option to expedite employment where the conditions described in subdivision (b)(1)(B) exist.
Acts 2012, ch. 1068, § 1.
Tenn. Code Ann. § 50-10-101 — TN Code / Title 50 / Chapter 10 / Section 50-10-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Pregnant Workers Fairness Act." Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
This chapter shall be known and may be cited as the "Tennessee Pregnant Workers Fairness Act."
Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
Tenn. Code Ann. § 50-6-216 — TN Code / Title 50 / Chapter 6 / Section 50-6-216
Ombudsman program
Status: in_force

(a) The administrator shall establish a workers' compensation ombudsman program to assist injured or disabled employees, persons claiming death benefits, employers, and other persons in protecting their rights, resolving disputes, and obtaining information available under workers' compensation laws. The ombudsman program shall be available only to those individuals or organizations that are not represented by an attorney in the claim for workers' compensation benefits. (b) No statement, discussion, evidence, allegation or other matter of legal significance that occurs in the presence of an ombudsman shall be admissible as evidence in any other proceeding. (c) The administrator may adopt rules and regulations consistent with this chapter in order to fulfill the purposes of this section in an orderly and efficient manner. (d) The bureau shall have authority to assess a civil penalty against any person or organization, with the exception of the state or a representative of the state, that refuses to cooperate with the services provided by an ombudsman as provided in § 50-6-118 . (e) (1) Any party that is not represented by legal counsel may request the services of a workers' compensation ombudsman by contacting the office of mediation services. (2) The ombudsman's authority shall include, but not be limited to, the following: (A) Meet with and provide information to unrepresented parties about the unrepresented party's rights and responsibilities under the law; (B) Explain the administrative process for resolving workers' compensation claims; (C) Investigate claims and attempt to resolve disputes without resort to alternative dispute resolution and court proceedings; (D) Communicate with all parties and providers in the claim; (E) Assist the parties in the completion of forms; and (F) Facilitate the exchange of medical records. (3) An ombudsman who is not a licensed attorney shall not provide legal advice; however, an ombudsman who is a licensed attorney may provide limited legal advice but shall not represent any party as the party's attorney. No ombudsman shall make attorney referrals. (4) An ombudsman shall not be called to testify in any proceeding and no statement or representation made to an ombudsman shall be considered by a workers' compensation judge for any purpose. (5) An unrepresented party has a right to consult with an ombudsman and receive services under this subsection (e). If the party receiving the services of an ombudsman obtains legal counsel pertaining to the case or dispute for which the services of an ombudsman were engaged, the party, or the party's counsel, shall immediately notify the bureau and the office of mediation services. Upon receipt of notice that the party has retained counsel, the ombudsman shall terminate all services. Amended by 2016 Tenn. Acts, ch. 1056, s 5, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 837, s 1, eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 289, s 77, eff. 7/1/2014.
(a) The administrator shall establish a workers' compensation ombudsman program to assist injured or disabled employees, persons claiming death benefits, employers, and other persons in protecting their rights, resolving disputes, and obtaining information available under workers' compensation laws. The ombudsman program shall be available only to those individuals or organizations that are not represented by an attorney in the claim for workers' compensation benefits.
(b) No statement, discussion, evidence, allegation or other matter of legal significance that occurs in the presence of an ombudsman shall be admissible as evidence in any other proceeding.
(c) The administrator may adopt rules and regulations consistent with this chapter in order to fulfill the purposes of this section in an orderly and efficient manner.
(d) The bureau shall have authority to assess a civil penalty against any person or organization, with the exception of the state or a representative of the state, that refuses to cooperate with the services provided by an ombudsman as provided in § 50-6-118 .
(e) (1) Any party that is not represented by legal counsel may request the services of a workers' compensation ombudsman by contacting the office of mediation services. (2) The ombudsman's authority shall include, but not be limited to, the following: (A) Meet with and provide information to unrepresented parties about the unrepresented party's rights and responsibilities under the law; (B) Explain the administrative process for resolving workers' compensation claims; (C) Investigate claims and attempt to resolve disputes without resort to alternative dispute resolution and court proceedings; (D) Communicate with all parties and providers in the claim; (E) Assist the parties in the completion of forms; and (F) Facilitate the exchange of medical records. (3) An ombudsman who is not a licensed attorney shall not provide legal advice; however, an ombudsman who is a licensed attorney may provide limited legal advice but shall not represent any party as the party's attorney. No ombudsman shall make attorney referrals. (4) An ombudsman shall not be called to testify in any proceeding and no statement or representation made to an ombudsman shall be considered by a workers' compensation judge for any purpose. (5) An unrepresented party has a right to consult with an ombudsman and receive services under this subsection (e). If the party receiving the services of an ombudsman obtains legal counsel pertaining to the case or dispute for which the services of an ombudsman were engaged, the party, or the party's counsel, shall immediately notify the bureau and the office of mediation services. Upon receipt of notice that the party has retained counsel, the ombudsman shall terminate all services.
(1) Any party that is not represented by legal counsel may request the services of a workers' compensation ombudsman by contacting the office of mediation services.
(2) The ombudsman's authority shall include, but not be limited to, the following: (A) Meet with and provide information to unrepresented parties about the unrepresented party's rights and responsibilities under the law; (B) Explain the administrative process for resolving workers' compensation claims; (C) Investigate claims and attempt to resolve disputes without resort to alternative dispute resolution and court proceedings; (D) Communicate with all parties and providers in the claim; (E) Assist the parties in the completion of forms; and (F) Facilitate the exchange of medical records.
(A) Meet with and provide information to unrepresented parties about the unrepresented party's rights and responsibilities under the law;
(B) Explain the administrative process for resolving workers' compensation claims;
(C) Investigate claims and attempt to resolve disputes without resort to alternative dispute resolution and court proceedings;
(D) Communicate with all parties and providers in the claim;
(E) Assist the parties in the completion of forms; and
(F) Facilitate the exchange of medical records.
(3) An ombudsman who is not a licensed attorney shall not provide legal advice; however, an ombudsman who is a licensed attorney may provide limited legal advice but shall not represent any party as the party's attorney. No ombudsman shall make attorney referrals.
(4) An ombudsman shall not be called to testify in any proceeding and no statement or representation made to an ombudsman shall be considered by a workers' compensation judge for any purpose.
(5) An unrepresented party has a right to consult with an ombudsman and receive services under this subsection (e). If the party receiving the services of an ombudsman obtains legal counsel pertaining to the case or dispute for which the services of an ombudsman were engaged, the party, or the party's counsel, shall immediately notify the bureau and the office of mediation services. Upon receipt of notice that the party has retained counsel, the ombudsman shall terminate all services.
Amended by 2016 Tenn. Acts, ch. 1056, s 5, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 837, s 1, eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 289, s 77, eff. 7/1/2014.
Tenn. Code Ann. § 50-6-218 — TN Code / Title 50 / Chapter 6 / Section 50-6-218
Appointment of judges on the workers' compensation appeals board
Status: in_force

(a) The governor, in consultation with the speaker of the house of representatives and the speaker of the senate, shall appoint three (3) qualified individuals to serve as judges on the workers' compensation appeals board. Each individual selected shall be a Tennessee licensed attorney, with at least seven (7) years' experience in workers' compensation matters, shall be at least thirty (30) years of age, and shall be required to attend annual training on workers' compensation laws. (b) Upon appointment, each judge of the workers' compensation appeals board shall serve a term of six (6) years and may be reappointed for up to two (2) additional terms by the governor upon expiration of the initial term. The governor shall designate one (1) of the judges as the presiding judge, who, in addition to performing the duties of a judge on the workers' compensation appeals board, shall administer the day to day operations of the workers' compensation appeals board and supervise the activities of the workers' compensation appeals board judges. Service of more than half of a six-year term constitutes service of one (1) full term. A judge appointed to the workers' compensation appeals board to serve less than a full term to fill a vacancy is eligible to serve up to an additional three (3) full terms. In the initial appointment of judges to the workers' compensation appeals board, one (1) judge appointed shall serve a term of two (2) years, one (1) judge appointed shall serve a term of four (4) years, and one (1) judge appointed shall serve a term of six (6) years. (c) The governor shall have authority to remove a judge sitting on the workers' compensation appeals board during an unexpired term for the commission of any of the judicial offenses provided in § 17-5-301(j)(1) . (d) Any person appointed to serve as a judge on the workers' compensation appeals board shall be required to take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge's skill and ability. The governor or any active or retired Tennessee judge or chancellor may administer the oath. (e) No person appointed to serve as a judge on the workers' compensation appeals board shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge may have been employed as counsel previous to the appointment as a judge on the workers' compensation appeals board. A newly appointed judge on the workers' compensation appeals board can practice law only in an effort to wind up the judge's practice and must end the practice of law as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming the position of judge on the workers' compensation appeals board. Amended by 2022 Tenn. Acts, ch. 715, s 1, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 816, s 5, eff. 4/14/2016. Added by 2013 Tenn. Acts, ch. 289, s 81, eff. 7/1/2014.
(a) The governor, in consultation with the speaker of the house of representatives and the speaker of the senate, shall appoint three (3) qualified individuals to serve as judges on the workers' compensation appeals board. Each individual selected shall be a Tennessee licensed attorney, with at least seven (7) years' experience in workers' compensation matters, shall be at least thirty (30) years of age, and shall be required to attend annual training on workers' compensation laws.
(b) Upon appointment, each judge of the workers' compensation appeals board shall serve a term of six (6) years and may be reappointed for up to two (2) additional terms by the governor upon expiration of the initial term. The governor shall designate one (1) of the judges as the presiding judge, who, in addition to performing the duties of a judge on the workers' compensation appeals board, shall administer the day to day operations of the workers' compensation appeals board and supervise the activities of the workers' compensation appeals board judges. Service of more than half of a six-year term constitutes service of one (1) full term. A judge appointed to the workers' compensation appeals board to serve less than a full term to fill a vacancy is eligible to serve up to an additional three (3) full terms. In the initial appointment of judges to the workers' compensation appeals board, one (1) judge appointed shall serve a term of two (2) years, one (1) judge appointed shall serve a term of four (4) years, and one (1) judge appointed shall serve a term of six (6) years.
(c) The governor shall have authority to remove a judge sitting on the workers' compensation appeals board during an unexpired term for the commission of any of the judicial offenses provided in § 17-5-301(j)(1) .
(d) Any person appointed to serve as a judge on the workers' compensation appeals board shall be required to take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge's skill and ability. The governor or any active or retired Tennessee judge or chancellor may administer the oath.
(e) No person appointed to serve as a judge on the workers' compensation appeals board shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge may have been employed as counsel previous to the appointment as a judge on the workers' compensation appeals board. A newly appointed judge on the workers' compensation appeals board can practice law only in an effort to wind up the judge's practice and must end the practice of law as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming the position of judge on the workers' compensation appeals board.
Amended by 2022 Tenn. Acts, ch. 715, s 1, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 816, s 5, eff. 4/14/2016.
Added by 2013 Tenn. Acts, ch. 289, s 81, eff. 7/1/2014.
Tenn. Code Ann. § 50-4-105 — TN Code / Title 50 / Chapter 4 / Section 50-4-105
Contents of warrant
Status: in_force

All warrants shall include at least the following: (1) The name of the agency and employee or official requesting the warrant; (2) The statutory authority for the inspection; (3) The name of the person or persons submitting affidavits in support of the issuance of the warrants; (4) The names of the persons who will conduct the inspection; (5) A reasonable description of the property and items to be inspected and seized; (6) A brief description of the purposes of the inspection; and (7) Any other requirements or particularity required by the constitutions of the United States and the state of Tennessee, regarding administrative inspections. Acts 1979, ch. 345, § 6; T.C.A., § 50-605.
All warrants shall include at least the following:
(1) The name of the agency and employee or official requesting the warrant;
(2) The statutory authority for the inspection;
(3) The name of the person or persons submitting affidavits in support of the issuance of the warrants;
(4) The names of the persons who will conduct the inspection;
(5) A reasonable description of the property and items to be inspected and seized;
(6) A brief description of the purposes of the inspection; and
(7) Any other requirements or particularity required by the constitutions of the United States and the state of Tennessee, regarding administrative inspections.
Acts 1979, ch. 345, § 6; T.C.A., § 50-605.