reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 8 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (§§ 50-3-801 — 50-3-806) › Section 50-3-804 - Quorum

For the purpose of carrying out its functions under this chapter, two (2) members of the commission shall constitute a quorum, and official action can be taken only on the affirmative vote of at least two (2) members.
Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; T.C.A., § 50-557.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 8 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (§§ 50-3-801 — 50-3-806) › Section 50-3-805 - Facilities

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.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 8 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (§§ 50-3-801 — 50-3-806) › Section 50-3-806 - Appeals

(a)
An appeal may be taken from any final order or other final determination of the commission by any person, including the commissioner, who is or may be adversely affected by the final order or other final determination.
(b)
The appeal shall be processed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1972, ch. 561, § 16; 1974, ch. 585, §§ 24, 25, 37; 1977, ch. 111, §§ 31, 32; T.C.A., §§ 50-559, 50-560.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-901 - Delegation of powers and duties by the commissioner

(a)
The commissioner shall designate those persons in the commissioner's department responsible for carrying out the commissioner's powers, duties and responsibilities under this chapter.
(b)
The persons designated shall be qualified by education, training and experience to ensure the effectiveness of this chapter.
Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 33; T.C.A., § 50-561.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-902 - Delegation of power of inspection

The commissioner of labor and workforce development may delegate the power to conduct inspections under §§
50-3-301
- 50-3-306 to any other department of state government or to any local or regional health agency; provided, that the procedures employed by the department or agency are as effective as those employed by the commissioner.
Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 34; T.C.A., § 50-562; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-903 - Limitation on delegation of powers

(a)
The commissioner of labor and workforce development shall not designate any person of a rank below division administrator to:
(1)
Determine to institute an action under §
50-3-401
;
(2)
Seek judicial review under §
50-3-806
;
(3)
Recommend to a district attorney general the institution of a criminal proceeding under §
50-3-409
or part 5 of this chapter; or
(4)
Permit the giving of advance notice of an inspection under §§
50-3-301
- 50-3-306.
(b)
The commissioner shall not designate any person of a rank below division director to assess penalties under §§
50-3-402
- 50-3-408.
Acts 1972, ch. 561, § 17; 1974, ch. 585, §§ 26, 37; 1977, ch. 111, § 35; T.C.A., § 50-563; Acts 1999, ch. 520, § 41; 2000, ch. 637, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-904 - Educational programs authorized

The commissioner of labor and workforce development may engage in educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter, and is authorized to conduct, directly or by grants or contracts, training of personnel engaged in work related to the commissioner's responsibilities under this chapter. In carrying out the commissioner's responsibilities under this chapter, the commissioner is authorized to:
(1)
Use, with the consent of any state agency or agency of county or municipal government, the services, facilities and personnel of the agency, with or without reimbursement in accordance with existing regulations and procedures;
(2)
Employ experts and consultants or organizations of experts and consultants; and compensate the individuals employed at rates determined by the commissioner and approved by the department of finance and administration, including travel time, and allow them travel expenses while employed;
(3)
Engage in programs of research, demonstrations and experiments, directly, or by grant or contract, relating to occupational safety and health; and
(4)
Provide to employers or employees, to the extent feasible, advice and assistance to enable them to improve occupational safety and health in their work places.
Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 36; T.C.A., § 50-565; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-905 - Duties of attorney general and reporter and district attorneys general

It is the duty of the attorney general and reporter and of the district attorneys general in the various districts of the state to assist the commissioner of labor and workforce development, upon the commissioner's request, and to act promptly upon the commissioner's recommendations for the prosecution of persons alleged to be subject to sanctions under §
50-3-409
or part 5 of this chapter.
Acts 1972, ch. 561, § 18; 1974, ch. 585, §§ 27, 37; 1977, ch. 111, § 37; 1979, ch. 422, § 24; T.C.A. § 50-566; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-906 - State departments and agencies - Responsibilities

It is the responsibility of each administrative department, commission, board, division or other agency of the state to establish and maintain an effective and comprehensive occupational safety and health program consistent with the standards promulgated under this chapter. The head of each agency shall, in consultation with employees or representatives of employees of the agency:
(1)
Provide a safe and healthful place and conditions of employment;
(2)
Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees;
(3)
Make, keep, preserve and make available to the commissioner of labor and workforce development, the commissioner's designated representative or persons within the agency to whom the responsibilities have been delegated, adequate records of all occupational accidents and personal injuries for proper evaluation and necessary corrective action as required under §§
50-3-701
and
50-3-702
;
(4)
Consult with the commissioner with regard to the adequacy of the form and content of records kept pursuant to subdivision (3);
(5)
By agreement with the commissioner, devise a program of inspection and sanctions required to carry out the purposes of the chapter;
(6)
Consult with the commissioner regarding health and safety problems of the agency that are considered to be unusual or peculiar to its activities, or responsibilities that cannot be achieved under a standard required under this chapter;
(7)
Make an annual report to the commissioner with respect to accidents and personal injuries and the agency's program under the chapter; and
(8)
Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this section, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 28, 37; 1977, ch. 111, § 38; T.C.A., § 50-567; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-907 - Annual report of state department and agency programs

The commissioner shall submit annually to the governor and the general assembly a summary or digest of reports submitted to the commissioner under §
50-3-906(7)
, together with the commissioner's evaluations of the progress toward achievement of the purposes of this chapter, the needs and requirements in the field of occupational safety and health, any other relevant information, and the commissioner's recommendations derived from these reports.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 29, 37; T.C.A., § 50-568; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-908 - Violations by state departments or agencies - Notice

(a)
Whenever the commissioner has reason to believe that an agency or department is failing reasonably to abide by §§
50-3-906
- 50-3-913, the commissioner may issue to the head of the agency or department a written notification stating in what respects the agency or department has not adequately met its responsibilities.
(b)
If the agency or department does not advise the commissioner within twenty (20) days of its intention to contest the notification, the commissioner shall submit a copy of the notification to the governor, together with a request that action be taken to bring the agency or department into compliance with this chapter.
(c)
If, within twenty (20) days of receipt of notification, the agency or department advises the commissioner of its intention to contest the notification, the commissioner shall promptly notify the commission, which shall afford an opportunity for a hearing and shall thereafter issue to the governor its findings of fact and recommendations for action.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 30, 37; 1977, ch. 111, § 39; T.C.A., § 50-569; Acts 1999, ch. 520, § 41; 2004, ch. 558, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-909 - Conditions or practices by state departments or agencies endangering health - Abatement

Whenever the commissioner of labor and workforce development has reason to believe that failure of an agency or department to meet its responsibilities under this chapter creates imminent danger of death or serious physical injury to any employee of this state, the commissioner shall immediately submit to the governor a statement of the reasons for the commissioner's belief, together with recommendations for the immediate abatement of the hazard.
Acts 1972, ch. 561, § 19; 1974, ch. 585, § 37; 1977, ch. 111, § 40; T.C.A., § 50-570; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-910 - Local governments' duty to employees - Treatment as private employer

(a)
It is the duty of county, municipal and other local governments to provide their employees with conditions of employment consistent with the objectives of this chapter, and to comply with standards developed under §
50-3-201
.
(b)
On or before July 1, 2006, or in the case of local governments created after July 1, 2004, within two (2) years following the creation of the local government, each local government shall elect whether to:
(1)
Be treated as a private employer; or
(2)
Develop its own program of compliance.
(c)
If a local government elects to develop its own program of compliance, it shall prepare a statement in writing of the program, including a description of methods of inspection, and shall register the program with the commissioner of labor and workforce development, by sending to the commissioner by certified mail a written notification that includes:
(1)
A statement that the local government elects to develop its own program of compliance;
(2)
A statement that the program has been developed and has been reduced to writing;
(3)
A statement of where the writing may be inspected;
(4)
A statement that employees of the local government have been informed of the program and have access to the writing;
(5)
An assurance that the program incorporates standards developed under §
50-3-201
; and
(6)
An assurance that the program includes provisions for inspection and record keeping as effective as the provisions of this chapter.
(d)
If a local government does not file the notification, it shall be considered to have elected to be treated as a private employer.
(e)
On or before July 1, 2016, each utility district created by private act shall elect to either:
(1)
Be treated as a private employer; or
(2)
Develop its own program of compliance.
Amended by 2015 Tenn. Acts, ch. 332,s 1, eff. 4/28/2015.
Acts 1972, ch. 561, § 19; 1974, ch. 513, § 1; 1974, ch. 585, § 37; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-571; Acts 1999, ch. 520, § 41; 2004, ch. 558, § 3.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-911 - Inspection and enforcement of local government programs

No action shall be taken with reference to an employer that is a local government, other than the performance of inspections under §§
50-3-301
- 50-3-306 performed for the purpose of determining the effectiveness of programs developed and registered by the employers under §
50-3-910
, and other than investigation and enforcement actions under §
50-3-409
, unless the local government has elected to be treated as a private employer.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 31, 37; T.C.A., § 50-572; Acts 2004, ch. 508, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-912 - Report of failure of government programs

If the commissioner has reason to believe that any local government program of compliance is ineffective, the commissioner shall, after unsuccessfully seeking by negotiation to abate the failure, include this fact in the commissioner's annual report to the governor and the general assembly, together with the reasons for the belief that the local government program of compliance is ineffective, and may recommend legislation intended to correct the condition.
Acts 1972, ch. 561, § 19; 1974, ch. 585, § 37; T.C.A., § 50-573; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-913 - Local governments as private employers - Enforcement not affected by notice to develop own program

If proceedings under §§
50-3-307
,
50-3-401
- 50-3-404, 50-3-407 and 50-3-408 or 50-3-409, 50-3-501 - 50-3-503, 50-3-505 and 50-3-506 have been commenced with reference to a local government that has elected to be treated as a private employer, the proceedings, including subsequent review, shall not be terminated by the filing of a notification of an election to develop its own program of compliance.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 32, 37; T.C.A., § 50-574.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-914 - Trade secrets confidential

(a)
All information obtained by or reported to the commissioner pursuant to any section of this chapter that contains or might reveal a trade secret or is otherwise privileged shall be considered confidential for the purpose of that section. The information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter.
(b)
A violation of this section is a Class A misdemeanor.
Acts 1972, ch. 561, § 20; 1974, ch. 585, §§ 33, 37; 1977, ch. 111, § 41; T.C.A., § 50-575; Acts 1989, ch. 591, § 111; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-915 - Compliance with chapter - Relation of chapter to other laws

(a)
Compliance with any other state law that regulates safety and health in employment and places of employment shall not excuse any employer or employee or any other person from compliance with this chapter or any standard or regulation promulgated pursuant to this chapter.
(b)
Compliance with this chapter or any standard or regulation promulgated pursuant to this chapter shall not excuse any employer or employee or any other person from compliance with any state law regulating and promoting safety and health unless the state law is specifically repealed by this chapter or is repealed by subsequent legislation pursuant to this chapter.
Acts 1972, ch. 561, § 21; 1974, ch. 585, § 37; T.C.A., § 50-576.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-916 - Minimizing report burden

(a)
Records and reports required by this chapter shall be obtained with a minimum burden on employers, especially those operating small businesses.
(b)
Unnecessary duplication will be avoided by encouraging and approving the use of existing substitute records for those required under §§
50-3-701
and
50-3-702
to the maximum extent possible.
Acts 1972, ch. 561, § 22; 1974, ch. 585, § 37; T.C.A., § 50-577.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-917 - Cooperation with federal government

The commissioner of labor and workforce development, subject to the direction and designation of the governor under §
4-4-116
, is authorized, in accordance with § 18 of the federal Occupational Safety and Health Act of 1970 (
29 U.S.C. § 667
) to:
(1)
Submit a state plan for the state that provides for safe and healthful employment by the adoption of standards and means for enforcement of the standards that are at least as effective as those standards and means for enforcement of the standards as are provided by the federal Occupational Safety and Health Act of 1970 (
29 U.S.C. §§ 651-678
);
(2)
Accept funds made available under that act and similar or related acts;
(3)
Enter into agreements and make reports necessary to the acceptance of the funds; and
(4)
Cooperate with the federal government in ways that are reasonably designed to carry out the purposes of the act.
Acts 1972, ch. 561, § 23; 1974, ch. 585, § 37; 1977, ch. 111, § 42; T.C.A., § 50-578; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-918 - Hazardous condition - Action by commissioner - Emergency stop orders

(a)
If the commissioner of labor and workforce development, upon inspection or investigation, finds a hazardous condition at a place of employment that presents an imminent threat to life or limb of an employee, the commissioner may issue an emergency stop order requiring the immediate alleviation of the condition. This may require the discontinuation of a practice or the removal of all individuals from the threatened area. The stop order shall be in writing and is effective from the time it is posted in the place where the condition exists. Immediately after the order is posted, a copy shall be given to the employer. The commissioner shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the start of the hearing, and without adjournment of the hearing, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in the hearing, copies of which shall be made available to all parties affected, at a reasonable cost.
(b)
The action taken by the commissioner shall be subject to review by the chancery or circuit court of the county in which the condition is found to exist, upon petition for certiorari in the manner now provided for review of actions of boards and commissions in title 27, chapter 9. The review shall take precedence over all other matters on the docket except application for extraordinary process. Upon petition for certiorari, the stop order may be vacated by the reviewing court upon the giving of a bond as the court may find appropriate in the circumstances by the party seeking review.
(c)
Should the commissioner fail to abide by the provision for affirming, modifying or setting aside of the commissioner's order, any work or project halted by the stop order may resume, it being the legislative intent that the stop order shall not serve to be a device to be used arbitrarily.
Acts 1973, ch. 29, §§ 1, 2; 1977, ch. 111, § 43; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-579; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 9 - MISCELLANEOUS ADMINISTRATIVE AND ENFORCEMENT PROVISIONS (§§ 50-3-901 — 50-3-919) › Section 50-3-919 - No regulation and enforcement of changes in federal regulations relating to child labor performed on farms

On or after April 16, 2012, no public funds of this state or any political subdivision of this state shall be allocated to the regulation or enforcement of any change made after December 1, 2011, to the United States department of labor's Hazardous Occupations Orders for Agricultural Employment relating to children, compiled in 29 CFR part 570.
Acts 1988, ch. 722, § 1; 1999, ch. 520, §§ 41, 52, repealed by Acts 2011 , ch. 61, § 3, effective 4/11/2011.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1001 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Approved" means approved by the commissioner;
(2)
"Commissioner" means the commissioner of labor and workforce development or any of the commissioner's authorized representatives;
(3)
"Department" means the department of labor and workforce development;
(4)
"High-voltage" means a voltage in excess of seven hundred fifty (750) volts between conductors or from any conductor to ground; and
(5)
"Overhead lines" means all bare or insulated electrical conductors installed above ground, except those conductors that are enclosed in approved metal covering.
Acts 1955, ch. 289, § 1; T.C.A., §§ 53-2801, 68-21-101; Acts 1999, ch. 520, § 46; 2011, ch. 157, § 1; 2012, ch. 681, §§ 1, 4; T.C.A. §
68-103-101
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1002 - Guarding against accidental contact by employee

No person, firm, or corporation, or agent of a person, firm or corporation, shall require or permit any employee to perform any function in proximity to high-voltage overhead lines; to enter upon any land, building, or other premises and engage in any excavation, demolition, construction, repair or other operation; or to erect, install, operate, or store in or upon such premises any tools, machinery, equipment, materials, or structures, including house moving, well drilling, pile driving or hoisting equipment, unless and until danger from accidental contact with such high-voltage overhead lines has been effectively guarded against in the manner prescribed in this part.
Acts 1955, ch. 289, § 2; T.C.A., §§ 53-2802, 68-21-102; Acts 2011, ch. 157, § 2; 2012, ch. 681, §§ 1, 4; T.C.A. §
68-103-102
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1003 - Clearance or safeguard required

(a)
The operation, erection or transportation of any tools, machinery, or equipment, or any part of any tools, machinery, or equipment, capable of vertical, lateral or swinging motion, the handling, transportation or storage of any supplies, materials or apparatus, or the moving of any house or other building, or any part of any house or building, under, over, by or near high-voltage overhead lines, is expressly prohibited, if at any time during such operation, transportation or other manipulation it is possible to bring the equipment, tools, materials, building, or any part of the equipment, tools, materials or building, within ten feet (10') of the high-voltage overhead lines, or the distance required by an applicable standard of the Tennessee occupational health administration, except where the high-voltage overhead lines have been effectively guarded against danger from accidental contact, by either:
(1)
The erection of mechanical barriers to prevent physical contact with high-voltage conductors;
(2)
De-energizing the high-voltage conductors and grounding where necessary; or
(3)
By insulating the lines.
(b)
Only in the case of an exception referenced in subdivision (a)(1), (a)(2) or (a)(3) may the clearance required by subsection (a) be reduced. The clearance required by subsection (a) shall not be provided by movement of the conductors through strains impressed, by attachments or otherwise, upon the structures supporting the high-voltage overhead line nor upon any equipment, fixtures or attachments on the structures.
(c)
If temporary relocation of the high-voltage conductors is necessary, appropriate arrangements shall be made with the owner or operator of the overhead line for such temporary relocation.
Acts 1955, ch. 289, § 3; T.C.A., §§ 53-2803, 68-21-103; Acts 2011, ch. 157, §§ 3, 4; Acts 2012, ch. 681, § 4; T.C.A. §
68-103-103
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1004 - Reserved

Acts 1955, ch. 289, § 4; T.C.A., §§ 53-2804, 68-21-104, repealed by Acts 2011 , ch. 157, § 5, effective 5/5/2011; transferred by Acts 2012 , ch. 681, § 4 from §
68-103-104
, effective 7/1/2012.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1005 - Notification to power company and responsibility for safeguards

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
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1006 - Enforcement

The commissioner shall administer and enforce this part and the commissioner is empowered to prescribe and promulgate rules and regulations consistent with this part.
Acts 1955, ch. 289, § 6; T.C.A., §§ 53-2806, 68-21-106; 2012, ch. 681, §§ 1, 4; T.C.A. §
68-103-106
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1007 - Violation of part

A violation of this part is a violation of §
50-3-105(1)
.
Acts 1955, ch. 289, § 7; T.C.A., § 53-2807; Acts 1989, ch. 591, § 112; T.C.A., § 68-21-107; Acts 2011 , ch. 157, § 8; 2012 , ch. 681, §§ 1, 4; T.C.A. §
68-103-107
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 10 - HIGH-VOLTAGE LINES (§§ 50-3-1001 — 50-3-1008) › Section 50-3-1008 - Operations exempt

This part shall not be construed as applying to, shall not apply to, and is not intended to apply to, the construction, reconstruction, operation, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers; nor to the authorized and qualified employees of any person, firm or corporation engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems, or electrical generating, transmission, distribution, and communication systems. This exception, when applied to railway systems, shall be construed as permitting operation of standard rail equipment that is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, at a distance of less than ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor of such railway system; but this part shall be construed as prohibiting normal repair or construction operations at a distance of less than ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved, unless there has been compliance with the safety provisions of §§
50-3-1002
- 50-3-1005.
Acts 1955, ch. 289, § 8; T.C.A., §§ 53-2808, 68-21-108; Acts 2011 , ch. 157, § 9; 2012 , ch. 681, §§ 1, 3, 4; T.C.A. §
68-103-108
.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-101 - Administrative inspection warrant available to department of labor and workforce development

In the event that an employee or official of the department of labor and workforce development authorized to conduct inspections is denied permission to make that inspection, and a warrant is required by the constitution of the United States or the state of Tennessee, the employee or official may obtain an administrative inspection warrant in accordance with the procedures outlined in this chapter. Section
39-16-402
and title 40, chapter 6, part 1, do not apply to warrants issued pursuant to this chapter.
Acts 1979, ch. 345, § 2; T.C.A., § 50-601; Acts 1996, ch. 675, § 50; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-102 - "Issuing officer" defined

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.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-103 - Grounds for issuing administrative inspection warrants - Probable cause

The issuing officer is authorized to issue administrative inspection warrants authorizing an employee or official of the department of labor and workforce development to inspect named premises and seize certain items. In so doing, the issuing officer must determine from the affidavits filed by the agency requesting the warrant that:
(1)
The agency and employee or official has the statutory authority to conduct the inspection;
(2)
Probable cause exists to believe that a violation of law has occurred or is occurring. Probable cause in these cases is not the same standard as used in obtaining criminal search warrants. In addition to a showing of specific evidence of an existing violation, probable cause can be found upon a showing of facts justifying further inquiry, by inspection, to determine whether a violation of law is occurring. This finding can be based upon a showing that:
(A)
The inspection of the premises in question was to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection;
(B)
Previous inspections have shown violations of law and the present inspection is necessary to determine whether those violations have been abated;
(C)
The business, occupation, product, equipment, materials, wastes or other characteristics of a particular enterprise or class of enterprises, including the named premises, present a probability of violation of the law in excess of the general business community;
(D)
Complaints have been received by the agency and presented to the issuing officer from persons who, by status or position, have personal knowledge of violations of law occurring on the named premises; or
(E)
Any other showing consistent with constitutional standards for probable cause in administrative inspections;
(3)
The inspection is reasonable and not intended to arbitrarily harass the persons or business involved;
(4)
The areas and items to be inspected or seized are accurately described and are consistent with the statutory inspection authority; and
(5)
The purpose of the inspection is not criminal in nature and the agency is not seeking sanctions against the person or business for refusing entry.
Acts 1979, ch. 345, § 4; T.C.A., § 50-603; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-104 - Issuance of warrant - Notice not required

(a)
The issuing officer shall immediately make a finding as to whether an administrative inspection warrant should be issued and if the issuing officer so determines, issue the warrant.
(b)
No notice shall be required prior to the issuance of the warrant.
Acts 1979, ch. 345, § 5; T.C.A., § 50-604.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-105 - Contents of warrant

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.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-106 - Assistance of department of labor and workforce development representative - Execution of warrant

(a)
It is the duty of any representative of the department of labor and workforce development charged with the enforcement of the Occupational Safety and Health Act, compiled in chapter 3 of this title, upon the request of the inspecting person or persons, to accompany the person or persons and assist in the service and execution of an administrative inspection warrant issued pursuant to this chapter.
(b)
All warrants shall be executed within ten (10) days of issuance.
Acts 1979, ch. 345, § 7; T.C.A., § 50-606; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-107 - Obstruction of inspection - Misdemeanor

Any person who willfully refuses to permit inspection, obstructs inspection or aids in the obstruction of an inspection of property described in an administrative inspection warrant commits a Class C misdemeanor.
Acts 1979, ch. 345, § 8; T.C.A., § 50-607; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 4 - ADMINISTRATIVE INSPECTIONS (§§ 50-4-101 — 50-4-108) › Section 50-4-108 - Suppression of evidence seized during unlawful inspection

(a)
Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or move for the return of any item seized, by the agency pursuant to the inspection.
(b)
If the court or the administrative agency finds that the inspection was unlawful, the evidence and information shall be suppressed and any item seized returned and not considered in the proceeding.
Acts 1979, ch. 345, § 9; T.C.A., § 50-608.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-101 - Short title

This part shall be known and may be cited as the "Child Labor Act of 1976."
Acts 1976, ch. 480, § 1; T.C.A., § 50-701.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-103 - Employment of minor under 14 years of age - Penalty

(a)
A minor under fourteen (14) years of age may not be employed in any gainful occupation except as otherwise provided in §
50-5-107
.
(b)
Any person who violates subsection (a) commits a Class D felony.
Acts 1976, ch. 480, § 3; T.C.A., § 50-703; Acts 2001, ch. 378, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-104 - Employment of minors fourteen or fifteen years of age

(a)
A minor who is either fourteen (14) or fifteen (15) years of age may be employed in connection with any gainful occupation that:
(1)
Does not interfere with the minor's schooling, health or well-being;
(2)
Is not prohibited by subsection (b); or
(3)
Is not prohibited by §
50-5-106
.
(b)
A minor who is either fourteen (14) or fifteen (15) years of age may not be employed:
(1)
During school hours;
(2)
Between the hours of seven o'clock p.m. (7:00 p.m.) and seven o'clock a.m. (7:00 a.m.), if the next day is a school day;
(3)
Between the hours of nine o'clock p.m. (9:00 p.m.) and six o'clock a.m. (6:00 a.m.);
(4)
More than three (3) hours a day on school days;
(5)
More than eighteen (18) hours a week during a school week;
(6)
More than eight (8) hours a day on nonschool days; or
(7)
More than forty (40) hours a week during nonschool weeks.
Acts 1976, ch. 480, § 4; 1978, ch. 541, § 2; T.C.A., § 50-704.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-108 - Special exemptions

(a)
The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor's parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safety, or schooling of the minor.
(b)
(1)
Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor.
(2)
If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner's findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides.
(c)
Failure by the commissioner to grant a special exemption within ten (10) days of submission shall be considered a refusal.
(d)
(1)
When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor's parents or guardian with a written statement of the reasons for the refusal.
(2)
This written statement shall be furnished by the commissioner within ten (10) days of the commissioner's receipt of the demand by the minor and the minor's parents or guardian.
(e)
(1)
Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor's parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption.
(2)
The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d).
(f)
(1)
The court shall hold a hearing and receive further testimony and evidence it deems necessary.
(2)
If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.
Acts 1976, ch. 480, § 9; 1978, ch. 541, § 5; T.C.A., § 50-709.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-109 - Proof of age required for employment or continued employment - Oath by parent or guardian if evidence unavailable

Before any minor may be employed or continue to be employed in connection with any gainful occupation, the employer shall require proof of the age of the minor employee or prospective employee by requiring the minor to provide the employer with a copy of the minor's birth certificate, passport, driver's license or state issued identification. If the evidence is not available, the parents or guardian shall appear with the minor before the judge or other officer of the juvenile court of the county in which the minor resides and shall make an oath as to the age of the minor.
Acts 1976, ch. 480, § 10; 1977, ch. 198, § 1; 1978, ch. 541, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 50-710; Acts 2001, ch. 378, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-110 - Duties of department

The department shall administer and enforce this part. In addition, the department shall:
(1)
Supply employers of minors with printed copies of the regulations governing the employment and hours of work of minors and occupations prohibited to minors under this part;
(2)
Inspect all places where minors may be employed and all pertinent records of employment, at any reasonable time, and as often as necessary to effectively enforce this part;
(3)
Notify in writing any person charged with a violation of this part as to the nature of the violation;
(4)
Bring a complaint before any court of competent jurisdiction against persons violating this part and prosecute these violations; and
(5)
Make, keep and preserve a file record of all places where minors may be employed.
Acts 1976, ch. 480, § 13; 1978, ch. 541, § 7; T.C.A., § 50-713; Acts 1986, ch. 844, § 5.