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Contact Information |
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Tennessee Department of Labor and Workforce Development
220 French Landing Drive
Nashville, Tennessee 37243-1002
PH: (615) 741-2793
FAX:(615) 741-5078
James G. Neeley, Commissioner
PH: (615) 741-2582
John Winkler, TOSHA Administrator
PH: (615) 741-2793
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About the Tennessee State Plan
The Tennessee Department of Labor and Workforce Development,
Division of Occupational Safety and Health (TOSHA) plan was
approved on July 5, 1973. Based on the 18(e) Evaluation Report for
the period of October 1982 through March 1984, and after
opportunity for public comment, the Assistant Secretary determined
that in operation the State of Tennessee's occupational safety
health program is at least as effective as the Federal program in
providing safe and healthful employment and places of employment
and meets the criteria for final State plan approval in section
18(e) of the Act and implementing regulations at 29 CFR Part 1902.
Accordingly, the Tennessee plan was granted final approval and
concurrent Federal enforcement authority was relinquished under
section 18(e) of the Act effective July 22, 1985.
TOSHA operates six area offices located strategically around the
State of Tennessee. These offices include a central office in
Nashville and six field offices located in Knoxville, Memphis,
Chattanooga, Kingsport, Jackson and Nashville, TN.
Jurisdiction
The Tennessee plan exercises jurisdiction over all private and
public sector employers and employees within the State except
private sector maritime activities; railroad employment, not
otherwise regulated by another Federal agency; employment at
Tennessee Valley Authority facilities; military bases; Federal
government employers and employees; and the U.S. Postal Service (USPS).
See
29 CFR 1952.225.
Regulations and Standards
States must set job safety and health standards that are "at least
as effective as" comparable federal standards. (Most States adopt
standards identical to federal ones.) States have the option to
promulgate standards covering hazards not addressed by federal
standards.
Tennessee has a limited number of state-specific standards (or
standards that were adopted with requirements different from those
of federal OSHA). A list of these standards is provided below with
a Web link for additional details.
Tennessee Department of Labor and Workforce Development Standards
for General Industry are the same as the Federal Standards
with the following exceptions:
The Commissioner of Labor and Workforce Development does not adopt
the following federal occupational safety and health standards:
- 29 CFR 1910.1 Purpose and scope
- 29 CFR 1910.2 Definitions
- 29 CFR 1910.3 Petitions for the issuance, amendment, or repeal
of a standard
- 29 CFR 1910.4 Amendments to this part
- 29 CFR 1910.15 Shipyard employment
- 29 CFR 1910.16 Longshoring and marine terminals
Note: In lieu of the current federal occupational safety and
health standards codified in 29CFR 1910.1000, the Commissioner of
Labor and Workforce Development adopts the standards limiting
exposure to air contaminants as contained in subparagraph (b) of
Tennessee Department of Labor and Workforce Development Rule
0800-1-1-.07(2). Any reference to 29 CFR 1910.1000 or any part of
that standard will be a reference to
Rule 0800-1-1-.07(2) (b). [PDF 816K]
Tennessee Department of Labor and Workforce Development Standards
for Construction are the same as the Federal Standard with the
following exceptions:
The Commissioner of Labor and Workforce Development does not adopt
the following federal occupational safety and health standards:
- 29 CFR 1926.1 Purpose and scope
- 29 CFR 1926.2 Variances from safety and health standards
- 29 CFR 1926.3 Inspections - right of entry
- 29 CFR 1926.4 Rules of practice for administrative
adjudications for enforcement of safety and health standards
Please see
Rule 0800-1-6. [PDF 24K]
Tennessee Department of Labor and Workforce Development Standards
for Agriculture are the same as the Federal Standard. Please see
Rule 0800-01-07. [PDF 20K]
The Tennessee Right-to-Know Law provides additional
requirements that substantially add to the Federal Hazard
Communication standards contained in 29 CFR 1910.1200 and 29
CFR 1926.59. Please see
Rule 0800-01-09. [PDF 60K]
The Tennessee standard for Bloodborne Pathogen also
provides additional requirements that are not contained in the
Federal Bloodborne Pathogen standard 29 CFR 1910.1030. Please see
Rule 0800-01-10. [PDF 16K]
Safety and Health Enforcement Programs
The safety compliance section of the Division of Occupational
Safety and Health (TOSHA) is responsible for enforcement of the
Tennessee Occupational Safety and Health Act of 1972 (Title 5,
Chapter 3) with emphasis on employee exposures to physical
hazards. Physical hazards include but are not limited to
construction, machine hazards, walking and working surfaces,
flammable and combustible liquids, trenching, motorized equipment,
electrical, explosives, fire protection, compressed gases, welding
and means of egress.
The state's Health Compliance Officers have been trained as
industrial hygienists to evaluate workplaces for chemical,
physical and biological hazards. They are involved with monitoring
and analyzing occupational health conditions in the workplace to
detect the extent of exposure and the engineering and other
methods (work practices and personal protective equipment) needed
to control these hazards.
Employers are required to report all workplace fatalities or
catastrophes (three or more employees hospitalized from one
incident) within 8 hours of occurrence. The toll free number is
1-800-249-8510.
Voluntary and Cooperative Programs
Consultative Services is a program offered to employers,
especially smaller employers, to assist them in achieving a safe
and healthful workplace for their employees. Consultative Services
offers both occupational safety and industrial hygiene services to
manufacturing, construction, and other types of businesses in
Tennessee. This no-cost service is designed to assist employers in
developing or enhancing safety and health management systems. The
industrial hygienist and occupational safety specialist will
identify safety and health hazards and help you implement
cost-effective hazard control solutions. For more information,
visit the
Consultative Services web site.
Policies and Procedures
Additional information on
Tennessee's Program Directives can be found on the TOSHA web
site.
Informal Conferences and Appeals
The Tennessee
OSH Review Commission is a quasi-judicial body empowered to
hear and rule on appeals regarding citations issued by the State
Program. The OSH Review Commission may affirm, modify or revoke a
citation, as well as any monetary penalty. The Commission consists
of three members appointed by the governor, to serve on the body
for three-year terms.
Rules of the OSH Review Commission are available on the web
site.
Other Resources
Publications and Posters
Tennessee Department of Labor
Tennessee Department of Labor and Workforce Development
220 French Landing Drive
Nashville, Tennessee 37243
PH: (615) 741-2582
FAX: (615) 741-5078
For detailed contact information visit the
TOSHA web site.
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.
Accessibility Assistance:
Contact the OSHA Directorate of Cooperative and State Programs at
202-693-2244 for assistance accessing PDF materials.
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