Rules & Regulations of the State of Tennessee Title 1030 - Occupational Safety and Health Board
Tennessee Rules & Regulations – Title 1030: Occupational Safety and Health Board (OSH Board)
1. Overview
Title 1030 of the Tennessee Rules and Regulations contains the rules promulgated by the Tennessee Occupational Safety and Health Board (TOSHA Board). This board operates under the Tennessee Occupational Safety and Health Act (Tennessee Code Annotated, Title 50, Chapter 3).
The purpose of Title 1030 is to:
Protect employees from workplace hazards.
Establish standards for occupational safety and health in Tennessee.
Implement inspection and enforcement procedures.
Set penalties and compliance requirements for employers.
The rules apply to private and public employers in Tennessee, except where federal OSHA standards specifically preempt state authority.
2. Authority of the Board
The TOSHA Board derives authority from:
Tennessee Occupational Safety and Health Act (TOSHA Act).
Administrative Procedures Act (Tennessee Code Annotated, Title 4, Chapter 5), which governs rulemaking and hearings for state agencies.
Board powers include:
Adopting, amending, or repealing rules necessary to implement the TOSHA Act.
Conducting inspections, investigations, and hearings on alleged violations.
Issuing orders to correct unsafe conditions.
Imposing civil penalties for violations.
Rules under Title 1030 are legally binding on employers and employees once properly adopted.
3. Content of Title 1030 Rules
The rules in Title 1030 generally include:
Definitions and Scope
Terms such as “employee,” “employer,” “hazard,” and “serious violation” are defined.
Rules specify which workplaces and industries fall under state OSH jurisdiction.
Adoption of Safety Standards
Tennessee often adopts federal OSHA standards by reference.
The Board can adopt state-specific standards for areas not covered by federal law.
Inspections and Investigations
Procedures for scheduling inspections.
Employer rights during inspections.
Employee protection from retaliation.
Violation Classifications and Penalties
Serious, willful, repeated, or other-than-serious violations are defined.
Penalties are set based on the severity and nature of the violation.
Appeals and Hearings
Employers can contest citations before the Board.
Hearings are conducted under formal administrative procedures.
Decisions by the Board can be appealed to Tennessee courts.
Recordkeeping and Reporting Requirements
Employers must maintain logs of injuries, illnesses, and safety inspections.
Certain accidents must be reported to the Board promptly.
4. Judicial Review & Case Law Principles
Courts in Tennessee have addressed administrative rules and board actions in the context of occupational safety. Even if there are few published cases directly interpreting each section of Title 1030, general principles of administrative and OSHA law apply:
A. Authority of the Board (Ultra Vires Review)
Courts examine whether the Board acted within the scope of authority granted by the TOSHA Act.
Example principle: If the Board imposes a rule requiring a safety procedure not authorized by statute, courts may invalidate it.
B. Procedural Compliance
Employers can challenge citations if the Board fails to follow proper rulemaking or hearing procedures.
Tennessee courts have emphasized that notice, opportunity to be heard, and formal adoption procedures are essential.
C. Substantive Fairness
Courts may assess whether the Board acted arbitrarily or capriciously.
For instance, if the Board cites an employer for a “serious violation” without evidence that the hazard was substantial, a court may overturn the penalty.
D. Examples of Case Law Principles
Employer Contest of Citation
Courts often allow employers to challenge the classification of violations (e.g., “serious” vs. “other-than-serious”) if the evidence does not support the classification.
Penalties and Due Process
Courts review whether penalties are consistent with statutory guidelines. Excessive penalties not supported by evidence may be reduced or vacated.
Adoption of Federal Standards
Tennessee courts recognize that the Board may adopt federal OSHA standards, but the state cannot enforce them retroactively or impose stricter penalties than authorized by law.
Appeal Rights
Employers have the right to administrative hearings before the Board and can appeal to Tennessee Chancery or Circuit Court if they believe a citation was unfair.
5. Practical Application
For employers and employees in Tennessee:
Employers: Must comply with Title 1030 rules, maintain safety records, and correct violations promptly.
Employees: Have the right to a safe workplace and protection from retaliation for reporting hazards.
Board Enforcement: Includes inspections, citations, fines, and legal actions if necessary.
Judicial Oversight: Courts ensure the Board does not exceed its authority or act unfairly.
6. Summary of Key Takeaways
Title 1030 sets the rules for occupational safety and health enforcement in Tennessee.
The TOSHA Board adopts rules under statutory authority; rules have the force of law once properly adopted.
Courts review rules and Board actions for:
Authority under statute
Procedural correctness
Reasonableness and fairness
Compliance with law and due process
Employers can challenge citations or penalties through administrative hearings and judicial review.
Case law principles emphasize that rules must be authorized, properly adopted, evidence-based, and not arbitrary.
RELATED Blog
comments