Current through September 24, 2024
(1) Except as
provided in paragraph (2) of this rule, the standards contained in this chapter
shall apply with respect to employments performed in all workplaces in the
State of Tennessee.
(2) None of the
standards in this chapter shall apply to working conditions of employees
exempted from coverage under the Act. These are:
(a) Employees of the federal government,
including its departments, agencies and instrumentalities;
(b) Employees whose safety and health are
subject to protection under the Atomic Energy Act of 1954, as amended (
42 USC §§
2011 -
2296
);
(c) Employees whose safety and
health are subject to protection under the federal Coal Mine Health and Safety
Act of 1969 ( 30 USC § 801 et seq.), the federal Metal and Nonmetallic
Mine Safety Act ( 30 USC § 725) [repealed], or Tennessee Code Annotated,
Title 59;
(d) Railroad employees
whose safety and health are subject to protection under the federal Safety
Appliances Act ( 45 USC § 1 et seq.) or the federal Railroad Safety Act of
1970 ( 45 USC §§ 431 - 441);
(e) Domestic workers; and
(f) RESERVED
(g) Any employee engaged in agriculture who
is employed on a farm, each of the employees of which is related to the
employer as a spouse, child, parent, grandparent or
grandchild.
(3)
Applicability of specific vs. general standards.
(a) If a particular standard is specifically
applicable to a condition, practice, means , method, operation or process, it
shall prevail over any different general standard which might otherwise be
applicable to the same condition, practice, means, method, operation or
process. For example, the standard
29 CFR
1910.217 as adopted by rules of this chapter
prescribes guarding for mechanical power presses. Such a standard shall apply,
and shall not be deemed modified or superseded by any different general
standard whose provisions might otherwise be applicable, such as the standard
29 CFR
1910.212 as adopted by rules of this chapter
which prescribes general requirements for all machines.
(b) On the other hand, any standard shall
apply according to its terms to any employment and place of employment in any
industry, as standards
29 CFR
1910.261 through
29 CFR
1910.272 (Appendix C) as adopted by rules of
this chapter or 29 CFR 1926 as adopted by rules in Chapter 0800-1-6. For
example, the general standard regarding noise exposure,
29 CFR
1910.95 as adopted by rules of this chapter,
applies to employments and places of employment in pulp, paper and paperboard
mills covered by the standard
29 CFR
1910.261 as adopted by rules of this
chapter.
(4) In the event
a standard protects on its face a class of persons larger than employees, the
standard shall be applicable under the Act only to those employees and their
employment and places of employment.
(5) An employer who is in compliance with any
standard in this chapter shall be deemed to be in compliance with the
requirement of T.C.A. §
50-3-105(1),
but only to the extent of the condition, practice, means, method, operation or
process covered by the standard.
Authority: T.C.A. §§
4-3-1411,
50-3-105,
and
50-3-201.
