Current through September 24, 2024
(1) As used in this chapter the word
"penalty' shall be defined as the monetary assessment levied against an
employer as a result of a violation of the Tennessee Occupational Safety and
Health Act of 1972 or a violation of the Tennessee Occupational Safety and
Health standards or rules.
(2) In
accordance with the provisions of T.C.A. §
50-3-402,
the Commissioner shall determine the amount of any proposed penalty giving due
consideration to the appropriateness of the penalty with respect to the size of
the business of the employer being charged, the gravity of the violation, the
good faith of the employer, and the employer's history of previous
violations,
(3) Whenever the
Commissioner has determined that such a penalty should be assessed against an
employer, the Commissioner shall issue written notification to the employer
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 such notification. Any notification of proposed penalty shall state that
the proposed penalty shall be deemed to be a final order of the Commissioner
and not subject to further review unless, within twenty (20) days from the date
of receipt of such notice, the employer contests the penalty. See Rule
0800-01-04.18.
(4) Appropriate
penalties may be proposed with respect to an alleged violation even if an
employer immediately abates or initiates steps to abate the alleged violation.
Penalties shall not be proposed for de minimis violations which have no direct
or immediate relationship to safety or health.
(5) Uncontested penalties are due payable
from the employer within thirty (30) days of the date of receipt of the
original or amended Citation and Notification of Penalty.
(a) Payments shall be made by check or money
order payable to "Treasurer, State of Tennessee" and may be delivered in person
or mailed to the Department of Labor and Workforce Development, Division of
Occupational Safety and Health.
(b)
Payments should clearly identify the inspection number to which they
apply.
(c) Payments shall be
credited on the day of receipt if delivered in person or the postmarked date if
remitted by mail.
(6)
Interest.
(a) Interest calculated at the rate
established pursuant to T.C.A. §
67-1-801(a)(1)
shall accrue against the penalty, or portion
thereof, that remains unpaid after 30 days from the date of receipt of the
Citation and Notification of Penalty.
(b) Interest shall be added in thirty (30)
day increments until the full penalty payment is received.
(7) Delinquent Fees.
(a) A delinquent fee of ten percent (10%) of
the unpaid penalty, or portion thereof, that remains unpaid after thirty (30)
days from the date of receipt by the employer, shall be added to the balance
due.
(b) A delinquent fee of ten
percent (10%) of the unpaid penalty, or portion thereof, that remains unpaid
after sixty (60) days from the date of receipt by the employer, shall be added
to the balance due.
(c) A
delinquent fee of ten percent (10%) of the unpaid penalty, or portion thereof,
that remains unpaid after ninety (90) days from the date of receipt by the
employer, shall be added to the balance due.
(d) The total delinquent fee shall not exceed
thirty percent (30%) of the original penalty assessment.
(e) The delinquent fee shall be considered
part of the total assessment against the employer and shall be collectible in
the same manner as the penalty.
(8) Administrative Fee.
(a) Any payment instrument that is returned
by a financial institution due to insufficient funds or the issuance of a stop
payment order shall have a thirty dollar ($30.00) administrative fee added to
the balance due.
(b) The
administrative fee shall be considered part of the total assessment against the
employer and shall be collected in the same manner as the penalty.
(c) A certified letter requesting payment
in-full for the total unpaid balance including the original penalty amount, the
administrative fee and any accrued interest and delinquent fees shall be sent
to the employer with a return receipt request.
(9) Payments.
(a) All payments shall first be applied to
the unpaid penalty.
(b) Payments
made to an account that include interest and delinquent fees:
1. If the payment amount is equal to the
unpaid penalty, the full payment shall be applied to the unpaid
penalty.
2. If the payment amount
is greater than the unpaid penalty, the payment shall first be applied to the
unpaid penalty and the excess amount shall be applied to the interest and
delinquent fee balance due.
3. If
the payment amount is less than the original penalty, the full amount of the
payment shall be applied to the original penalty.
(c) If the payment amount is insufficient,
the employer shall be notified of the outstanding balance due.
Authority: T.C.A. §§
4-3-1411,
47-29-102,
50-3-107, 50-3-201, 50-3-402 through 50-3-408 and 67-1-801(a)(1).
