Section 0800-01-04-.22 - EXEMPTIONS FROM GENERAL SCHEDULE INSPECTIONS(1) Programmed inspection schedule.(a) Employers who meet the requirements for participation in the Volunteer STAR Program as set forth in Rule 0800-01-11-.04 will have the names of their establishments removed from the programmed inspection schedule for and indefinite period so long as they continue to qualify for participation.(b) Employers who meet the requirements for participation in the Tennessee SHARP as set forth in Rule 0800-01-11-.05 will have the names of their establishments removed from the programmed inspection schedule for a period of one (1) year. The one (1) year exemption period will extend from the date of issuance of the certificate of SHARP recognition by the TOSHA Administrator.(2) Inspections at Volunteer Star and Tennessee Sharp Sites. At STAR and SHARP sites, the Division of Occupational Safety and Health will continue to make inspections in the following categories:(a) Imminent danger (as alleged in complaints from employees or referrals from other government agencies, the media or interested parties).(b) Accident (as a result of a reported, by any means, fatality or in-patient hospitalization of three (3) or more employees from a single accident or incident).(c) Formal complaints (filed and signed by a current employee or representative thereof) when evaluated as describing a hazard or hazards posing potentially serious violations of occupational safety and health standards or T.C.A. § 50-3-105(1).(d) Referrals from a safety compliance officer to a health compliance officer or from a health compliance officer to a safety compliance officer when evaluated as describing a hazard or hazards posing potentially serious violations of occupational safety and health standards or T.C.A. § 50-3-105(1).(e) Followup on previously cited violations.(f) Non-formal complaints and referrals from other government agencies, the media or interested persons will be investigated in accordance with established compliance policy.Tenn. Comp. R. & Regs. 0800-01-04-.22
Original rule filed March 15, 1996; effective July 29, 1996. Repeal and rule filed September 7, 2004; effective January 28, 2005.Authority: T.C.A. §§ 4-3-1411, 50-3-301, 50-3-304 and 50-3-904.