Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-09 - Hazardous Chemical Right To Know
Section 0800-01-09-.02 - Definitions

(1) "Administrator" means the chief administrative officer of the Division of Occupational Safety and Health of the Department of Labor and Workforce Development, and includes any person appointed, designated or deputized to perform the duties or to exercise the powers assigned to the Administrator of the Division of Occupational Safety and Health under the Act.

(2) "Commissioner" means the Commissioner of Labor and Workforce Development or his designee (i.e., the Division of Occupational Safety and Health or a professional employee thereof).

(3) "Employee" means a worker employed by an employer in a workplace, including minors, whether lawfully or unlawfully employed, who may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies, including, but not limited to production workers, line supervisors and repair or maintenance personnel. Office workers, ground maintenance personnel, security personnel or nonresident management are generally not included unless their job performance routinely involves potential exposure to hazardous chemicals. For the purposes of this chapter, "employee" includes persons working for the State of Tennessee, its political subdivisions, and members of volunteer fire departments.

(4) "Employer" means a person engaged in a business who has one (1) or more employees and where chemicals are either used or are produced for use or distribution. For the purposes of this chapter, the term "employer" includes the State of Tennessee, its political subdivisions, and volunteer fire departments.

(5) "Establishment" means single physical location where business is conducted or where services or industrial operations are performed. There may be one (1) or more work areas within an establishment.

(6) "Fire Chief" means the chief of the fire department having jurisdiction over an establishment, workplace or worksite.

(7) "Manufacturing employer" means an employer with a workplace classified in NAICS Sector 31 - 33 (NAICS 2002 - The North American Industry Classification System-United States, 2002 Edition; Executive Office of the President - Office of Management and Budget) who manufactures or uses a hazardous chemical.

(8) "Nonmanufacturing employer" means any employer with a workplace classified in any NAICS sector other than Sector 31 - 33 where hazardous chemicals are used or stored for use in the State of Tennessee, its political subdivisions, and all volunteer fire departments.

(9) "OSHA standard" means the Hazard Communication Standard issued by the Occupational Safety and Health Administration codified under Title 29 of the Code of Federal Regulations (CFR) Part 1910.1200. It may also mean where the text of a rule in this chapter clearly requires such meaning, any other standard issued by the Occupational Safety and Health Administration; codified in Title 29, Code of Federal Regulations, Parts 1910, 1926, or 1928; and adopted by the Commissioner in Chapters 0800-1-1, 0800-1-6, or 0800-1-7, of the Official Compilation, Rules and Regulations of the State of Tennessee.

(10) "Workplace" means any workplace as defined in 29 CFR 1910.1200(c) that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact.

(11) "Workplace chemical list (WCL)" means the list of hazardous chemicals developed pursuant to Rule 0800-1-9 -11 of this chapter.

(12) "Worksite" means a geographical location where construction operations are conducted containing one (1) or more work areas. A building under construction shall be termed a "worksite" until all construction work is completed and it is occupied. At that time, the terms "establishment" or "workplace" shall be applied. A "worksite" may cover a significantly greater area than an "establishment" or "workplace" such as in highway construction.

Authority: T.C.A. §§ 4-3-1411 and 50-3-201.