Posting Of Citations

(1) Upon receipt of any citation under the Act, the employer shall immediately post such citation or a copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided below. Where, because of the nature of the employer’s operations, it is not practicable to post the citation at or near each place of the alleged violation, such citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities which are physically dispersed [see Rule 0800-01-04-.03(2)], the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location [see Rule 0800-01-04-.03(2)], the citation may be posted at the location from which the employees operate to carry out their activities. The employer shall take steps to insure that the citation is not altered, defaced, or covered by other material. Notices of de minimis violations need not be posted. (2) Each citation, or a copy thereof, shall remain posted until the violation has been abated, or for three (3) working days, whichever is later. The filing by the employer of a notice of intention OCCUPATIONAL SAFETY AND HEALTH INSPECTIONS, CHAPTER 0800-01-04 CITATIONS AND PROPOSED PENALTIES to contest under Rule 0800-01-04-.18 shall not affect his posting responsibility under this section unless and until the TOSHRC issues a final order vacating the citation. (3) An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the TOSHRC, and such notice may explain the reasons for such contest. The employer may also indicate that specified steps have been taken to abate the violation. (4) Any employer failing to comply with the provisions of paragraphs (1) and (2) of this rule shall be subject to citation and penalty in accordance with the provisions of T.C.A. §§50-3-307 and 50-3-407. Authority: T.C.A. §§4-3-1411, 50-3-201; 50-3-307, and 50-3-407. Administrative History: Original rule filed June 10, 1974. Amendment filed November 25, 1983; effective February 13, 1984. Amendment filed November 24, 1989; effective March 30, 1999. Repeal and rule filed September 7, 2004; effective January 28, 2005. 0800-01-04-18 EMPLOYER AND EMPLOYEE CONTESTS. (1) Any employer to whom a citation or notice of proposed penalty has been issued may, under T.C.A. §§50-3-307(b) and 50-3-407, notify the Commissioner in writing that he intends to contest such citation or proposed penalty before the TOSHRC. Such notice of intention to contest must be received by the Commissioner within twenty (20) days of the receipt by the employer of the citation or notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty or both. The Commissioner shall immediately transmit such notice to the TOSHRC in accordance with the rules of procedure prescribed by the Commission. (2) Any employee or representative of employees of an employer to whom a citation has been issued may, under T.C.A. §50-3-307(b), file a written notice with the Commissioner advising the Commissioner of objections to the terms and conditions (as defined for employees in T.C.A §50-3-106) of the citation. Such notice must be received by the Commissioner within twenty (20) days of the receipt by the employer of the citation. The Commissioner shall immediately transmit such notice to the TOSHRC in accordance with the rules of procedure prescribed by the Commission.