Definitions

(1) “Employer” as used in this chapter means: (a) The State of Tennessee including constitutional offices, administrative departments, commissions, boards, divisions and any other agency of the state. (b) County, metropolitan and municipal governments and all departments, commissions, boards, divisions, and any other agency of the county, metropolitan or municipal government which has elected to develop its own program of occupational safety and health compliance under the provisions of T.C.A. §50-3-910. (2) “Employee” as used in this chapter means any person performing services for an employer as defined in Rule 0800-1-5-.02(1)(a) or (b) above under an appointment or contract of hire, including minors and persons performing such services on a part time or seasonal as well as a full time basis. (3) “Establishment” means a single physical location where business is conducted or where services or operations are performed. Where distinctly separate activities are performed at a single location, each activity shall be treated as a separate establishment. (4) “Local Government” means a county, metropolitan or municipal government and includes constitutional or charter and administrative offices, departments, boards, commissions, divisions or other agency of the county, metropolitan or municipal government. SAFETY AND HEALTH PROVISIONS FOR THE PUBLIC SECTOR CHAPTER 0800-1-5 (5) “Monitoring Inspection” means a walkaround inspection of the workplace and an evaluation of self- compliance programs carried out by the Commissioner to ensure that public sector employers are carrying out their duties or fulfilling their responsibilities under the Act. (6) “Notice of Unsafe or Unhealthful Working Conditions (Notice)” means the official document used by the Division of Occupational Safety and Health to transmit notification to public sector employers of violations of the Act or unsafe conditions that indicate a deficiency or deviation from the state agency’s or local government’s occupational safety and health program. (7) “Public Sector” means a unit of government, state or local, which is an employer as defined in Rule 0800-1-5-.02(1)(a) or (b) above. It does not include those local governments which have elected to be treated as a private employer or those considered to have elected to be treated as a private employer under the provisions of T.C.A. § 50-3-910. (8) “Safety and Health Official” as used in this chapter means the individual who is responsible for the management of the safety and health program within his or her state agency or local government. Although the chief executive officer of the state agency or local government bears the ultimate responsibility, he or she may delegate it to the safety and health official. (9) ”State Agency” means any constitutional office, administrative department, commission, board, division or other unit of state government. (10) “Variance” means an alternate practice, mean, method, operation, or process to that prescribed by a standard which provides protection from the occupational safety or health hazard which is as effective as that required by the standard, or a program of coming into compliance with the standard.