Overview

• Initial Approval: July 5, 1973 (38 FR 17840)
• State Plan Certification: May 16, 1978 (43 FR 20982)
• 18(e) Final Approval: July 22, 1985 (50 FR 29670), amended on June 9, 2000 (65 FR 36624) and September 29, 2016 (81 FR 67012)

Tennessee OSHA (TOSHA) is part of the Tennessee Department of Labor and Workforce Development which is headed by the Commissioner. The central office is located in Nashville. There are also five field offices in Knoxville, Memphis, Chattanooga, Gray, and Jackson.

Coverage

The Tennessee State Plan applies to private-sector workplaces in the state with the exception of:

1. Maritime employment (including shipyard employment, marine terminals, and longshoring, but not including marine construction, which is covered by TOSHA);
2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
3. Railroad employment, not otherwise regulated by another federal agency;
4. Employment at Tennessee Valley Authority facilities and on military bases; and
5. All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

In addition, any hazard, industry, geographical area, operation, or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to federal enforcement. TOSHA covers state and local government workers but does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the Tennessee State Plan. In addition, Federal OSHA enforces the retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. The State Plan also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Tennessee State Plan is included in the Code of Federal Regulations at 29 CFR 1952.10. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that Federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards and Regulations

TOSHA has adopted OSHA standards and regulations applicable to private sector and state and local government employment with the exception of the following unique standards:

General Industry:

• Smoking in the Workplace
• Firefighter Protection
• Electrical Hazards
• Sharps Injury Prevention
• Hazard Communication
• Toxic Chemicals and Handling

Enforcement Programs

TOSHA is responsible for the enforcement of occupational safety and health standards. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of standards are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals. For more information, visit the Tennessee State Plan website.

Voluntary and Cooperative Programs

TOSHA offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. It also offers on-site consultation services which help employers – both state and local government and private sector – comply with TOSHA or OSHA standards and identify and correct potential safety and health hazards. For more information, visit the Tennessee State Plan website.

Appeals

Employers, workers, and worker representatives have the right to contest citations issued by TOSHA. The Tennessee Occupational Safety and Health Review Commission hears and rules on objected citations issued by TOSHA. For more information on these proceedings, visit the Tennessee State Plan website.