(a)

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Terms Used In Tennessee Code 50-3-307

  • Commission: means the occupational safety and health review commission established pursuant to §. See Tennessee Code 50-3-103
  • Department: means the department of labor and workforce development. See Tennessee Code 50-3-103
  • Employer: means a person engaged in a business who has one (1) or more employees and includes county, metropolitan and municipal governments. See Tennessee Code 50-3-103
  • Issue: means a category of like industrial, occupational or hazard groupings that affects the safety and health of employment or place of employment and is suggested by the groupings in the Code of Federal Regulations, title 29, chapter XVII, part 1910. See Tennessee Code 50-3-103
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Standard: means an occupational safety and health standard promulgated by the commissioner that requires conditions or the adoption or the use of one (1) or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe and healthful employment and places of employment. See Tennessee Code 50-3-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) If, upon an inspection or investigation, the commissioner believes that an employer is not in compliance with any standard or regulation promulgated by the commissioner pursuant to this chapter, the commissioner shall, with reasonable promptness and in no event later than six (6) months following the inspection, issue to the employer by certified mail, by delivery service with delivery receipt, or via hand delivery, a written citation that states the nature and location of the violation, including a reference to the chapter, standard or regulation alleged to have been violated.
(2) In addition, the citation shall fix a reasonable time for abatement of the violation.
(3) If the commissioner has reason to believe that the violation, or the failure to abate the violation, should result in the assessment of a penalty under §§ 50-3-402 – 50-3-408, the citation may so state.
(4) A copy of each citation shall immediately be posted by the employer at or near each location referred to in the citation.
(5) Whenever the abatement or correction requirements of this chapter conflict with any local zoning ordinance, this chapter shall govern.
(6) A citation issued pursuant to this chapter shall become a final order of the department twenty (20) days after its receipt by the employer.
(b)

(1) At any time within twenty (20) days after receipt of the citation, an employer or affected employee, or group of employees or their representative, may advise the commissioner of objections to the terms and conditions of the citation.
(2) Upon receipt of the objections, the commissioner shall notify the occupational safety and health review commission of the receipt of the objections, and the commission shall afford an opportunity for a hearing.
(3) The commission shall thereafter issue an order affirming, modifying or vacating the citation.
(4) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806.
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