Posting Of Notice, Availability Of Act, Regulation And Applicable

STANDARDS. (1) Each employer shall post and keep posted a notice or notices, to be furnished by the Department of Labor and Workforce Development, informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should contact the employer or the nearest office of the Department of Labor and Workforce Development, TOSHA Division. Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced or covered by other material. (2) “Establishment” means a single physical location where business is conducted or where services or industrial operations are performed. (For example: a factory, mill, store, hotel, restaurant, movie theater, farm, ranch, bank, sales office, warehouse or central administrative office.) Where distinctly separate activities are performed at a single physical location (such as contract construction activities from the same physical location as a lumber yard), each activity shall be treated as a separate physical establishment, and a separate notice or notices shall be posted in each such establishment, to the extent that such notices have been furnished by the Department of Labor and Workforce Development. Where employers are engaged in activities which are physically dispersed, such as agriculture, construction, transportation, communications and electric, gas and sanitary services, the notice or notices required by this rule shall be posted at the location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such as traveling salesmen, technicians, engineers, etc., such notice or notices shall be posted at the location from which the employees operate to carry out their activities. In all cases, such notice or notices shall be posted in accordance with the requirements of paragraph (1) of this rule. OCCUPATIONAL SAFETY AND HEALTH INSPECTIONS, CHAPTER 0800-01-04 CITATIONS AND PROPOSED PENALTIES (3) Copies of the Act, all regulations published in Chapters 0800-01-01 through 0800-01-11 and all applicable standards will be available at all area offices of the Tennessee Department of Labor and Workforce Development, TOSHA Division. If an employer has obtained copies of these materials, he shall make them available upon request to any employee or authorized employee representative for review in the establishment where the employee is employed on the same day the request is made or at the earliest time mutually convenient to the employee or his authorized representative and the employer. (4) Any employer failing to comply with the provisions of this rule shall be subject to a citation of violations and the imposition of penalties in accordance with the provisions of T.C.A. §§50-3- 307 and 50-3-407.