Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-05 - Safety and Health Provisions for the Public Sector
Section 0800-01-05-.12 - CORRECTION OF UNSAFE OR UNHEALTHFUL WORKING CONDITIONS
Current through September 24, 2024
(1) It is the responsibility of the employer to correct unsafe or unhealthful working conditions for which he has been notified within the abatement period specified on the notice for each violation. Factors such as budget limitations shall be taken into consideration by the Commissioner when setting abatement dates.
(2) If a follow-up inspection discloses that an employer has failed to correct an alleged violation within the abatement period permitted for its correction, the PSSHO shall ascertain why compliance has not been achieved. If this cannot be accomplished, he shall contact the Manager of Public Sector Operations or Administrator. The Manager of Public Sector Operations, Administrator, and/or Commissioner shall communicate with the chief executive officer of the state agency or local government who in turn will attempt to attain compliance. If deemed appropriate by the Commissioner, the program will be determined to be less effective than as required by the Act and the provisions of Rule 0800-1-5-.18 shall be implemented.
(3) Whenever an employer has made a good faith effort and abatement has not been completed because of factors beyond his reasonable control, such employer may submit a petition requesting in writing an extension of the abatement date as set forth in the notice or in a prior extension. The petition for modification of abatement date shall include the following information:
(4) A petition for modification of abatement date shall be filed with the Manager of Public Sector Operations no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay.
(5) Whenever abatement periods specified in the notice exceed thirty (30) days, the Commissioner may require the employer to provide interim protection for employees from the hazard(s) noted such as administrative controls, use of personal protective equipment, etc. When such interim protection is required, the notice shall so state. Whenever abatement periods specified in the notice exceed ninety (90) days, employers may be requested to submit reports of progress toward achieving abatement as a means of assuring continuing program effectiveness. Employers shall comply with any such progress reports requested by the Commissioner.
Authority: T.C.A. §§ 4-3-1411, 50-3-102, 50-3-201, 50-3-907, 50-3-908, and 50-3-912.