Purpose And Scope

(1) The Occupational Safety and Health Act of 1972 (Act), as amended, T.C.A. §50-3-101 et seq. requires, in part, that every employer covered under the Act furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. The Act also requires that employers comply with occupational safety and health standards promulgated under the Act, and that employees comply with standards, rules, regulations and orders issued under the Act which are applicable to their own actions and conduct. (2) The Act authorizes the Commissioner of Labor and Workforce Development (Commissioner) to conduct inspections and to issue citations and proposed penalties for alleged violations. The Act contains provisions for adjudication of violations, periods prescribed for the abatement of violations and review of proposed penalties by the Tennessee Occupational Safety and Health Review Commission (TOSHRC), if contested by an employer or by an employee or authorized representative of employees and for judicial review. (3) The purpose of this chapter is to prescribe rules and to set forth general policies for enforcement of the inspection, citation and proposed penalty provisions of the Act. In situations where this chapter sets forth general enforcement policies rather than substantive or procedural rules, such policies may be modified in specific circumstances where the Commissioner or his designee determines than an alternative course of action would better serve the objectives of the Act.