[Effective 7/1/2024]

(a)

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Terms Used In Tennessee Code 50-3-702 v2

  • Department: means the department of labor and workforce development. See Tennessee Code 50-3-103
  • division of occupational safety and health: means the division of occupational safety and health of the department. 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
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Each employer shall, in addition to making available to the commissioner the records and reports required by § 50-3-701 and the rules of the department of labor and workforce development’s division of occupational safety and health, report each accident resulting in a work-related death or personal injury as defined in § 50-6-102 to the bureau of workers’ compensation no later than fourteen (14) calendar days after the earlier of the date the employer is notified of the accident or the date the employer has knowledge of the accident.
(2) [Deleted by 2024 amendment]
(3) The information required in the reports provided for in subdivision (a)(1) shall be prescribed by the commissioner and forms for making the reports shall be available on request.
(4) Special or additional reports shall be furnished, on written request of the commissioner, to provide any other necessary information.
(5) No report required by § 50-3-701 and this section shall be used in any judicial proceeding.
(b) The employer’s first report of work injury records that are maintained by the bureau are confidential. After completing a standard authorization form, which shall be provided by the bureau, an employee or an employee’s attorney may obtain a copy of any report that concerns the employee’s work injury. An employer may inquire in writing of the bureau to determine whether a job applicant has responded truthfully concerning any prior work injury. Nothing contained in this subsection (b) shall be construed or implemented to alter or amend existing law pertaining to Occupational Safety and Health Administration (OSHA) Form 300 reports. This section does not apply to a collective bargaining agent as certified by the national labor relations board (NLRB).
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