Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-04 - Occupational Safety and Health Inspections, Citations, and Proposed Penalties
Section 0800-01-04-.07 - ADVANCE NOTICE OF INSPECTION

(1) Advance notice of inspections may not be given, except in the following situations:

(2) In the situations described in paragraph (1) of the rule, advance notice of inspections may be given only if authorized by the Commissioner or his designee. When advance notice is given, it shall be the employer's responsibility promptly to notify the authorized representative of employees of the inspection, if the identity of such representative is known to the employer. [See Rule 0800-01-04-.09(2) as to situations where there is no authorized representative of employees]. Upon the request of the employer, the compliance officer will inform the authorized representative of employees of the inspection, provided that the employer furnishes the compliance officer with the identity of such representative and with such other information as is necessary to enable him promptly to inform such representative of the inspection. An employer who fails to comply with his obligation under this paragraph promptly to inform the authorized representative of employees of the inspection or to furnish such information as is necessary to enable the compliance officer promptly to inform such representative of the inspection, may be subject to citation and penalty. Advance notice in any of the situations described in paragraph (1) of this rule shall not be given more than twenty-four (24) hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.

(3) The Act provides that any person who gives advance notice of any inspection to be conducted under the Act, without authority from the Commissioner or his designees, commits a Class C misdemeanor.