Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-08 - Discrimination Against Employees Exercising Rights Under the Occupational Safety and Health Act of 1972
Section 0800-01-08-.12 - APPEALS OF DECISIONS OR DETERMINATIONS

(1) Decisions and/or determinations made regarding cases in which a violation of T.C.A. § 50-3-409 is alleged are not ordinarily made by the Commissioner of Labor and Workforce Development personally. The authority and responsibility for making such decisions and/or determinations has been delegated to the Department of Labor and Workforce Development Staff Attorney and to designated personnel of the Division of Occupational Safety and Health.

(2) If a decision or determination rendered by the Staff Attorney or designated person of the Division of Occupational Safety and Health in cases involving alleged violation of T.C.A. § 50-3-409 (e.g. , determination that complaint was not timely filed or decision to administratively close the case was not timely filed or decision to administratively close the case because of no response or cooperation from the complainant) is not acceptable to a complainant, he or she may appeal such decision or determination to the Commissioner of Labor and Workforce Development within ten (10) days of its receipt. All decisions or determinations personally rendered by the Commissioner of Labor and Workforce Development upon appeal shall be deemed final and not subject to further appeal.