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 1 - GENERAL PROVISIONS (§§ 50-3-101 — 50-3-109) › Section 50-3-107 - Unpaid fines and penalties - Interest - Additional penalties for late payment

(a)
The commissioner shall refer any fine or penalty assessed under this chapter that remains unpaid for more than six (6) months from the date the order against the violator becomes final to the attorney general and reporter for enforcement. The attorney general and reporter is authorized to contract with one (1) or more private entities or individuals for the collection of these fines and penalties.
(b)
When any person or entity is assessed a fine or penalty under this chapter, and the fines or penalties are not paid on or before the date they are due, as established in the final order or otherwise, interest shall be added to the amount due, in addition to any further penalty provided by law, at the rate established pursuant to §
67-1-801(a)(1)
.
(c)
In addition to the interest assessed pursuant to subsection (b), there shall be imposed a penalty in the amount of ten percent (10%) of the unpaid fine or penalty amount for each thirty (30) days or fraction of the thirty-day period that the fine or penalty remains unpaid after becoming due, up to a maximum of thirty percent (30%) of the unpaid amount.
(d)
Any interest or penalty imposed due to failure to pay a fine or penalty assessed under this chapter shall be considered a part of the delinquent fine or penalty and shall be collectible in the same manner as the fine or penalty.
(e)
Any interest or penalty imposed and collected pursuant to this section shall be used to offset the cost of collection of the fines and penalties assessed under this chapter.
(f)
The commissioner shall include within the department's annual report to the general assembly and the governor a listing of employers whose penalties remain unpaid more than one (1) year after a final order has been entered. The listing shall include the amount of any unpaid penalty for each employer.
Acts 1996, ch. 944, § 45; 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 1 - GENERAL PROVISIONS (§§ 50-3-101 — 50-3-109) › Section 50-3-108 - Full payment required except in case of compromise and settlement

The commissioner shall require the full amount of any penalty assessed by a final order of the department to be paid, unless the commissioner receives approval to compromise and settle the amount to be paid pursuant to §
20-13-103
.
Acts 1996, ch. 944, § 46; 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 1 - GENERAL PROVISIONS (§§ 50-3-101 — 50-3-109) › Section 50-3-109 - Local governmental entities prohibited from mandating certain disclosures in contracts for improvements to real property

(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.
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 2 - STANDARDS (§§ 50-3-201 — 50-3-204) › Section 50-3-201 - Regulations authorized

(a)
It is the responsibility of the commissioner of labor and workforce development to develop and promulgate regulations that adopt occupational safety and health standards.
(b)
The commissioner may adopt as an occupational safety or health standard the federal standard relating to the same issue.
(c)
The commissioner may, by regulation, promulgate, modify or revoke any occupational safety and health standard in the manner provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
The decision of an individual, corporation, business entity or local, state or federal government entity, or agent thereof, not to post property pursuant to §
39-17-1359
, thereby allowing persons with handgun permits to carry a handgun on such property, does not constitute an occupational safety and health hazard within the jurisdiction of this chapter.
Acts 1972, ch. 561, § 6; 1977, ch. 111, § 5; T.C.A., § 50-507; Acts 1999, ch. 520, § 41; 2011, ch. 33, § 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 2 - STANDARDS (§§ 50-3-201 — 50-3-204) › Section 50-3-202 - Criteria for standards

(a)
Regulations issued under §
50-3-201
shall provide, insofar as possible, the highest degree of health and safety protection for the employee; other considerations shall be the latest available scientific data in the field, the feasibility of the standard and experience gained under this and other health and safety laws.
(b)
Whenever practical, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(c)
In promulgating standards dealing with toxic materials or harmful physical agents, the commissioner shall set a standard that most adequately assures, to the extent possible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard dealt with by the standard for the period of the employee's working life.
Acts 1972, ch. 561, § 6; 1977, ch. 111, § 6; T.C.A., § 50-517.
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 2 - STANDARDS (§§ 50-3-201 — 50-3-204) › Section 50-3-204 - Advisory committee

(a)
The commissioner may appoint an advisory committee to assist the commissioner in the development and review of regulations prescribing standards under §
50-3-201
.
(b)
(1)
The committee shall consist of an uneven number of persons, not to exceed seven (7), appointed by the commissioner, engaged in the development of the regulation.
(2)
Membership on the committee shall include representatives qualified by experience and affiliation to present the diverse viewpoint of persons and groups most likely to be affected by the standards, and may include representatives of employers, employees, the insurance industry, the health professions and the safety professions.
(3)
In the selection of members, the commissioner shall consider such criteria as special expertise in the health and safety fields, geographical distribution of members within the three (3) grand divisions of the state, the interests of state and local government and the interests of the public.
(c)
Members of the advisory committee shall be reimbursed for their expenses and shall be paid on a per diem basis for days actually and necessarily employed in the discharge of official duties of the committee at a rate to be determined by the commissioner and approved by the department of finance and administration.
(d)
(1)
Administrative and technical assistance reasonably required by the advisory committee shall be provided by the commissioner.
(2)
The committee may seek advice and information from interested and knowledgeable parties and governmental agencies to assist it in the determination of its recommended standards.
Acts 1972, ch. 561, § 7; 1977, ch. 111, § 8; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-519.
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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-301 - Inspections authorized

In order to carry out the purposes of this chapter, the commissioner of labor and workforce development, upon presenting appropriate credentials to the owner, operator or agent in charge, is authorized to:
(1)
Enter without delay and at any reasonable time any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and
(2)
Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, the places of employment and all pertinent conditions, processes, structures, machines, apparatus, devices, equipment and materials in the places of employment, and question privately any employer, owner, operator, agent or employee.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 9; T.C.A., § 50-520; 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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-302 - Witnesses

(a)
In making inspections and investigations under this chapter, the commissioner may issue subpoenas to require the attendance and testimony of witnesses and the production of evidence under oath.
(b)
Witnesses shall be reimbursed for all travel and other necessary expenses that shall be claimed and paid in accordance with the prevailing travel regulations of the state.
(c)
In case of a failure or refusal of any person to obey a subpoena issued under §§
50-3-301
- 50-3-306, the chancery court of the county in which the inspection or investigation is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring the person to appear and testify or produce evidence as the case may require, and any failure to obey the order of the court may be punished by the court as contempt of the order.
(d)
The name, job title and other information that may be used to identify a witness who is interviewed during the course of an investigation shall be considered confidential and shall not be a public record pursuant to title 10, chapter 7.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 10; T.C.A., § 50-521; Acts 2004, ch. 558, § 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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-303 - Representation of employers and employees during inspection

(a)
Subject to regulations issued by the commissioner of labor and workforce development, a representative of the employer and a representative authorized by the employer's employees shall be given an opportunity to accompany the commissioner or the commissioner's authorized representative during the physical inspection of any workplace under §
50-3-301
for the purpose of aiding the inspection.
(b)
Where there is no authorized employee representative, the commissioner or the commissioner's authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
Acts 1972, ch. 561, § 8; 1974, ch. 585, § 10; 1977, ch. 111, § 11; T.C.A., § 50-522; 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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-304 - Notice by employees of dangerous conditions or violations

(a)
(1)
Any employees or representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice of the violation or danger to the commissioner.
(2)
The notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by employees or representative of employees, and a copy shall be provided the employer or the employer's agent no later than at the time of inspection.
(3)
Upon the request of the person giving the notice, the person's name and the names of individual employees referred to in the notice shall not appear in the copy or on any record published, released or made available pursuant to §
50-3-305
.
(4)
If upon receipt of the notification the commissioner determines there are reasonable grounds to believe that the violation or danger exists, the commissioner shall make a special investigation in accordance with §§
50-3-301
- 50-3-306 as soon as practicable, to determine if a violation or danger exists.
(5)
If the commissioner determines there are not reasonable grounds to believe that a violation or danger exists, the commissioner shall notify the employees or representative of the employees in writing of the determination.
(b)
Prior to or during any inspection of a workplace, any employees or representative of employees employed in the workplace may notify the commissioner, in writing, of any violation of this chapter that they have reason to believe exists in the workplace. The commissioner shall, by regulation, establish procedures for informal review of any refusal by a representative of the commissioner to issue a citation with respect to the alleged violation and shall furnish the employees or representative of employees requesting the review a written statement of the reasons for the commissioner's final disposition of the case.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 12; T.C.A., § 50-523.
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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-305 - Reports of inspections and investigations

The commissioner of labor and workforce development is authorized to compile, analyze and publish, either in summary or detailed form, all reports or information obtained under §§
50-3-301
- 50-3-306, subject to the restriction of §
50-3-915
.
Acts 1972, ch. 561, § 8; 1974, ch. 585, § 11; 1977, ch. 111, § 13; T.C.A., § 50-524; 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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-306 - Advance notice of inspections prohibited - Exceptions

(a)
Inspections conducted under §§
50-3-301
- 50-3-306 shall be accomplished without advance notice, subject to the exceptions in subsection (b).
(b)
The commissioner may authorize the giving to any employer or employee advance notice of an inspection only when the giving of notice is essential to the effectiveness of the inspection, and in keeping with regulations issued by the commissioner.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 14; T.C.A., § 50-525; 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 3 - INSPECTIONS (§§ 50-3-301 — 50-3-307) › Section 50-3-307 - Citation of violations

(a)
(1)
If, upon an inspection or investigation, the commissioner believes that an employer is not in compliance with any standard or regulation promulgated by the commissioner pursuant to this chapter, the commissioner shall, with reasonable promptness and in no event later than six (6) months following the inspection, issue to the employer by certified mail, by delivery service with delivery receipt, or via hand delivery, a written citation that states the nature and location of the violation, including a reference to the chapter, standard or regulation alleged to have been violated.
(2)
In addition, the citation shall fix a reasonable time for abatement of the violation.
(3)
If the commissioner has reason to believe that the violation, or the failure to abate the violation, should result in the assessment of a penalty under §§
50-3-402
- 50-3-408, the citation may so state.
(4)
A copy of each citation shall immediately be posted by the employer at or near each location referred to in the citation.
(5)
Whenever the abatement or correction requirements of this chapter conflict with any local zoning ordinance, this chapter shall govern.
(6)
A citation issued pursuant to this chapter shall become a final order of the department twenty (20) days after its receipt by the employer.
(b)
(1)
At any time within twenty (20) days after receipt of the citation, an employer or affected employee, or group of employees or their representative, may advise the commissioner of objections to the terms and conditions of the citation.
(2)
Upon receipt of the objections, the commissioner shall notify the occupational safety and health review commission of the receipt of the objections, and the commission shall afford an opportunity for a hearing.
(3)
The commission shall thereafter issue an order affirming, modifying or vacating the citation.
(4)
The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to §
50-3-806
.
Acts 1972, ch. 561, § 9; 1974, ch. 585, §§ 12, 13; 1977, ch. 111, §§ 15, 16; T.C.A., §§ 50-526, 50-527; Acts 1999, ch. 520, § 41; 2001, ch. 62, § 1; 2007, ch. 102, § 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-401 - Injunctive relief

(a)
(1)
Where the commissioner of labor and workforce development has reason to believe that any condition or practice in any place of employment could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by this chapter, the commissioner may institute proceedings to prevent, correct or remove the conditions or practice in any court having statutory power to enjoin or restrain in the county in which the condition or practice exists.
(2)
Injunctive relief granted under this subsection (a) may require the removal of all individuals from the place of employment except those individuals required to prevent, correct or remove the imminent danger.
(3)
In the event that cessation of employment operations is necessary, the injunctive relief may require the cessation to be accomplished in a safe and orderly manner.
(b)
For the purpose of Rule 65.03 of the Tennessee Rules of Civil Procedure, the commissioner, when seeking relief under subsection (a), shall be considered to represent the interest of any employee affected by the condition or practice referred to by subsection (a).
(c)
Institution of a proceeding for injunctive relief under this section shall not in any way bar the institution or continuation of proceedings for the imposition of monetary penalties under §§
50-3-402
- 50-3-408.
(d)
Any employee or group of employees affected by a condition or practice referred to in subsection (a) may be permitted to intervene in an action brought by the commissioner pursuant to this section; provided, that the intervention is subject to the discretion of the court in which the action is brought.
Acts 1972, ch. 561, § 10; 1974, ch. 585, §§ 14, 15; 1977, ch. 111, §§ 17, 18; T.C.A., §§ 50-528 -- 50-530; 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-402 - Authority of commissioner

(a)
The commissioner has the authority to assess monetary penalties as provided in this section and §§
50-3-403
- 50-3-408 for any violation of this chapter or of any standard, rule or order adopted by regulation promulgated by the commissioner pursuant to this chapter.
(b)
In making the assessment, the commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer charged, the gravity of the violation, the good faith of the employer and the employer's history of previous violations.
Acts 1972, ch. 561, § 11; 1974, ch. 585, § 16; 1977, ch. 111, § 19; T.C.A., § 50-531; 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-403 - Knowledge of conditions endangering health or safety - Penalty

If an employer knows or has reason to know that an employment condition or practice in the employer's business seriously endangers the health or safety of the employer's employees, and if the condition or practice is not in compliance with any standard promulgated pursuant to this chapter, a penalty of up to seven thousand dollars ($7,000) shall be assessed for each violation.
Acts 1972, ch. 561, § 11; 1977, ch. 111, § 20; T.C.A., § 50-532; Acts 1991, ch. 170, § 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-404 - Failure to correct violation of standard or regulation - Penalty

(a)
Any employer who has received a citation for a violation of this chapter or standard or regulation promulgated pursuant to this chapter, and has failed to correct the violation within the period of correction of the citation, shall be assessed a penalty of up to seven thousand dollars ($7,000) for each day the violation exists.
(b)
The period of correction may be suspended or lengthened by the commissioner upon a showing by the employer of a good faith effort to comply with the correction requirements, and that failure to comply with the correction requirements is due to factors beyond the employer's reasonable control.
Acts 1972, ch. 561, § 11; 1977, ch. 111, § 21; T.C.A., § 50-533; Acts 1991, ch. 170, § 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-405 - Violation of standard or regulation - Nonserious violation - Willful or repeat violations - Penalties

(a)
Any employer who has received a citation for a violation of this chapter or standard or regulation promulgated pursuant to this chapter, and the violation is specifically determined not to be of a serious nature, may be assessed a penalty of up to seven thousand dollars ($7,000) for each violation.
(b)
Any employer who willfully or repeatedly violates the requirements of this chapter or standard or regulation promulgated pursuant to this chapter may be assessed a penalty of up to seventy thousand dollars ($70,000) for each violation.
Acts 1974, ch. 585, § 34; T.C.A., §§ 50-534, 50-535; Acts 1991, ch. 170, §§ 3, 4.
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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-406 - Violation of posting requirements

Any employer who violates any of the posting requirements, as prescribed in this chapter, shall be assessed a penalty of up to seven thousand dollars ($7,000) for each violation.
Acts 1974, ch. 585, § 34; T.C.A., § 50-536; Acts 1991, ch. 170, § 5.
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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-407 - Manner of imposing penalties

(a)
Penalties provided for by §§
50-3-402
- 50-3-408 shall be imposed in the following manner: whenever the commissioner has determined that a penalty should be assessed against an employer, the commissioner shall issue a written notification to the employer by certified mail, stating the amount of the penalty to be assessed, the reason for the assessment, which may be done by reference to citations issued prior to or simultaneously with the notification, and informing the employer of the employer's right to appeal to the occupational safety and health review commission.
(b)
If, within twenty (20) days from the receipt of notification, the employer fails to notify the commissioner that the employer intends to contest the imposition of the penalty, the assessment of a penalty as stated in the notification shall be deemed a final order of the commissioner, and shall not be subject to further review.
(c)
(1)
If an employer notifies the commissioner within twenty (20) days of receipt of notification of a penalty that the employer intends to contest the penalty, the commissioner shall advise the commission of the notification, and the commission shall afford an opportunity for a hearing.
(2)
The commission shall thereafter issue an order, based on findings of fact, affirming, modifying or vacating the commissioner's citation or assessment of penalty.
(3)
The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to §
50-3-806
.
Acts 1972, ch. 561, § 11; 1974, ch. 585, §§ 17, 34; 1977, ch. 111, § 22; T.C.A., § 50-537; 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-408 - Payment of penalties - Action to recover

All penalties owed under this chapter shall be paid to the commissioner for deposit into the state treasury in the general fund and shall be earmarked for expenditure solely for use in the division of occupational safety and health equally between enforcement activities and the safety consulting service conducted under this chapter, and may be recovered in a civil action in the name of the state, in the county where the violation is alleged to have occurred or where the employer has its principal office.
Acts 1972, ch. 561, § 11; 1974, ch. 585, § 34; 1977, ch. 111, § 23; T.C.A., § 50-538; Acts 1996, ch. 944, § 44; 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 4 - CIVIL REMEDIES (§§ 50-3-401 — 50-3-409) › Section 50-3-409 - Discrimination against employee

(a)
No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or because of the exercise by the employee on behalf of the employee or others of any rights afforded by this chapter.
(b)
(1)
Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) days after the violation occurs, file a complaint with the commissioner of labor and workforce development alleging the discrimination.
(2)
Upon receipt of the complaint, the commissioner shall cause an investigation to be made that the commissioner deems appropriate.
(3)
(A)
If, upon investigation, the commissioner determines that this section has been violated, the commissioner shall bring an action in any appropriate chancery court against the person.
(B)
In any such action, the chancery courts shall have jurisdiction, for cause shown, to restrain violations of subsection (a) and order all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay.
(c)
Within ninety (90) days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant of the commissioner's determination under subsection (b).
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 21, 35; T.C.A., § 50-542; 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 5 - CRIMINAL OFFENSES AND PENALTIES (§§ 50-3-501 — 50-3-506) › Section 50-3-501 - Unauthorized advance notice of inspection

Any person who, without proper authorization, gives advance notice of any inspection to be conducted under this chapter commits a Class C misdemeanor.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 18, 34; T.C.A. § 50-539; Acts 1989, ch. 591, § 113.
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 5 - CRIMINAL OFFENSES AND PENALTIES (§§ 50-3-501 — 50-3-506) › Section 50-3-502 - False statements or representations in applications, records, reports or documents

Any person who knowingly makes any false statement, representation or certification in any application, record, report or other document filed or required to be filed or maintained pursuant to this chapter commits a Class C misdemeanor.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 19, 34; T.C.A., § 50-540; Acts 1989, ch. 591, § 113.
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 5 - CRIMINAL OFFENSES AND PENALTIES (§§ 50-3-501 — 50-3-506) › Section 50-3-503 - Death of employee caused by willful violation of standard

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.
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 5 - CRIMINAL OFFENSES AND PENALTIES (§§ 50-3-501 — 50-3-506) › Section 50-3-504 - Disclosure of trade secrets or privileged information

A representative of the commissioner of labor and workforce development who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to the representative in the course of the representative's employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with the representative, which information contains or might reveal a trade secret or is otherwise privileged, commits a Class A misdemeanor.
Acts 1974, ch. 585, § 36; 1977, ch. 111, § 24; T.C.A., § 50-543; Acts 1989, ch. 591, § 1; 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 5 - CRIMINAL OFFENSES AND PENALTIES (§§ 50-3-501 — 50-3-506) › Section 50-3-505 - Enforcement of part and criminal penalties

The commissioner of labor and workforce development may seek enforcement of this part, and may offer to any district attorney general assistance that may be appropriate and feasible for the purpose of giving effect to this part, including the services of staff attorneys.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 22, 36; 1977, ch. 111, § 25; T.C.A., § 50-544; 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 5 - CRIMINAL OFFENSES AND PENALTIES (§§ 50-3-501 — 50-3-506) › Section 50-3-506 - Grand jury - Enforcement duties

The grand jury of each county is given inquisitorial power for the purpose of the enforcement of this part, and shall inquire promptly into any alleged violation brought to the attention of the grand jury by the commissioner of labor and workforce development.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 22, 36; 1977, ch. 111, § 26; T.C.A., § 50-545; 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 6 - VARIANCES (§§ 50-3-601 — 50-3-606) › Section 50-3-601 - Temporary variances authorized

(a)
The commissioner of labor and workforce development may, upon written application by an employer, issue an order granting the employer a temporary variance from standards promulgated under this chapter.
(b)
The order shall prescribe the practices, means, methods, operations and processes that the employer must adopt or use while the variance is in effect and state in detail a program for coming into compliance with the standard.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; 1977, ch. 111, § 27; T.C.A., § 50-546; 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 6 - VARIANCES (§§ 50-3-601 — 50-3-606) › Section 50-3-602 - Temporary variances - Notice - Duration - Renewals

(a)
The temporary variance provided for in §
50-3-601
may be granted only after notice to employees and interested parties and opportunity for hearing.
(b)
The variance may be for a period of no longer than required to achieve compliance or one (1) year, whichever is shorter.
(c)
The variance may be renewed only once; provided, that longer variances may be granted in the case of employers who undertake experimental programs in safety and health that are either in cooperation with state or federal agencies or approved by the commissioner.
(d)
Application for renewal of a variance must be filed in accordance with provisions in the initial grant of the variance.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; 1977, ch. 111, § 28; T.C.A., § 50-547.
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 6 - VARIANCES (§§ 50-3-601 — 50-3-606) › Section 50-3-603 - Temporary variances - Grounds

An order granting a temporary variance shall be issued only if the employer establishes that:
(1)
(A)
The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology;
(B)
All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and
(C)
The employer has an effective program for coming into compliance with the standard as quickly as practicable; or
(2)
The employer is engaged in an experimental program as described in §
50-3-602
.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-548.
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 6 - VARIANCES (§§ 50-3-601 — 50-3-606) › Section 50-3-604 - Temporary variances - Applications

An application for a temporary variance shall contain:
(1)
A specification of the standard or portion of the standard from which the employer seeks a variance;
(2)
A detailed statement of the reasons why the employer is unable to comply with the standard, supported by representations by qualified personnel having firsthand knowledge of the facts represented;
(3)
A statement of the steps the employer has taken and will take with specified dates, to protect employees against the hazard covered by the standard;
(4)
A statement of when the employer expects to comply and what steps the employer has taken or will take with specified dates to come into compliance with the standard; and
(5)
A certification that the employer has informed the employer's employees of the application by giving a copy of it to their authorized representatives, posting a statement summarizing the application, to include the location of a copy available for examination, at the places where employee notices are normally posted and by other appropriate means. The certification shall contain a description of the means actually employed to inform employees and that employees have been informed of their right to petition the commissioner for a hearing.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-549.
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 6 - VARIANCES (§§ 50-3-601 — 50-3-606) › Section 50-3-605 - Permanent variances

(a)
(1)
Any affected employer may apply to the commissioner for a rule or order for a variance from a standard.
(2)
Affected employees shall be given notice of each application and an opportunity to participate in a hearing.
(b)
The commissioner shall issue the rule or order if the commissioner determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to the employer's employees that are as safe and healthful as those that would prevail if the employer complied with the standard.
(c)
The rule or order issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that the employer must adopt and utilize, to the extent they differ from the standard in question.
(d)
The rule or order may be modified or revoked upon application by an employer, employees, or by the commissioner on the commissioner's own motion, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance.
Acts 1974, ch. 585, § 37; 1977, ch. 111, § 29; T.C.A., § 50-550; 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 6 - VARIANCES (§§ 50-3-601 — 50-3-606) › Section 50-3-606 - Interim variances

(a)
Upon receipt of an application for an order granting a variance, the commissioner may issue an interim order granting the variance for the purpose of permitting time for an orderly consideration of the application.
(b)
No interim order may be effective for longer than one hundred eighty (180) days.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 37; 1977, ch. 111, § 30; T.C.A., § 50-551.
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 7 - RECORDS AND REPORTS (§§ 50-3-701 — 50-3-702) › Section 50-3-701 - Records and reports generally

Each employer shall make available to the commissioner of labor and workforce development, in the manner the commissioner requires, copies of the same records and reports regarding the employer's activities relating to this chapter as are required to be made, kept or preserved by
29 U.S.C. § 657(c)
and regulations made pursuant to
29 U.S.C. § 657(c)
.
Acts 1972, ch. 561, § 14; 1974, ch. 585, § 37; T.C.A., § 50-552; 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 7 - RECORDS AND REPORTS (§§ 50-3-701 — 50-3-702) › Section 50-3-702 - Accident reports

(a)
(1)
Each employer shall, in addition to making available to the commissioner the records and reports required by §
50-3-701
and the rules of the department of labor and workforce development's division of occupational safety and health, report each accident resulting in a work-related death or personal injury as defined in §
50-6-102
to the bureau of workers' compensation no later than fourteen (14) calendar days after the earlier of the date the employer is notified of the accident or the date the employer has knowledge of the accident.
(2)
[Deleted by 2024 amendment]
(3)
The information required in the reports provided for in subdivision (a)(1) shall be prescribed by the commissioner and forms for making the reports shall be available on request.
(4)
Special or additional reports shall be furnished, on written request of the commissioner, to provide any other necessary information.
(5)
No report required by §
50-3-701
and this section shall be used in any judicial proceeding.
(b)
The employer's first report of work injury records that are maintained by the bureau are confidential. After completing a standard authorization form, which shall be provided by the bureau, an employee or an employee's attorney may obtain a copy of any report that concerns the employee's work injury. An employer may inquire in writing of the bureau to determine whether a job applicant has responded truthfully concerning any prior work injury. Nothing contained in this subsection (b) shall be construed or implemented to alter or amend existing law pertaining to Occupational Safety and Health Administration (OSHA) Form 300 reports. This section does not apply to a collective bargaining agent as certified by the national labor relations board (NLRB).
Amended by 2024 Tenn. Acts, ch. 532,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 532,s 1, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 341, s 16, eff. 5/4/2015.
Acts 1972, ch. 561, § 14; 1974, ch. 585, §§ 23, 37; 1978, ch. 503, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-553; Acts 1990, ch. 839, § 1; 1999, ch. 520, § 41; 2002, ch. 540, § 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 8 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (§§ 50-3-801 — 50-3-806) › Section 50-3-801 - Creation - Members

(a)
There is created the occupational safety and health review commission, consisting of three (3) members to be appointed by the governor, each member to serve for a period of three (3) years.
(b)
The governor shall designate one (1) member to serve as chair.
(c)
The members shall be chosen from persons qualified by education, training or experience to carry out the functions of the commission.
(d)
Service on the commission for a term shall not render a person ineligible for reappointment.
(e)
Each member shall be reimbursed for travel in accordance with the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration.
(f)
A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.
(g)
In the event a member is unable to complete the member's term, the member's replacement shall serve only the remainder of the term of the member the replacement replaces, unless reappointed.
Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; 1976, ch. 707, § 1; 1976, ch. 806, § 1(74); T.C.A., § 50-554.
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 50-3-802 - Functions

(a)
The function of the commission shall be to review citations issued under §
50-3-307
and monetary penalties assessed under §§
50-3-402
- 50-3-408.
(b)
The commission may affirm, modify or revoke a citation or a monetary penalty.
Acts 1972, ch. 561, § 15; 1974, ch. 585, §§ 24, 37; T.C.A., § 50-555.
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 50-3-803 - Hearings

(a)
The commission or its appointed hearing examiners may hold hearings at places of convenience to the parties concerned.
(b)
The powers of the commission in the conduct of hearings, including the power to administer oaths and subpoena persons, may be exercised on its behalf by a member, members or a hearing examiner appointed by the chair of the commission.
(c)
Hearings may be conducted on the basis of oral or written evidence.
(d)
The commission may administer oaths and subpoena persons, including parties, as witnesses and may compel them to produce documentary evidence for hearings.
(e)
Timely notice of the hearing and its time and place, as well as the future storage place for the hearing record, shall be given to the parties, and copies of the notice of the hearing shall be posted by the employer at places the commission shall require.
(f)
The hearings shall be open to the public and the records of hearings shall be maintained and available for examination.
(g)
For the orderly transaction of the hearings, the Tennessee Rules of Civil Procedure shall be used unless a different rule is adopted by the commission.
(h)
The rules of the commission shall provide affected employees or their representatives an opportunity to participate as parties.
Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; T.C.A., § 50-556.