Section 0800-01-05-.09 - ADVANCE NOTICE OF MONITORING INSPECTIONS(1) In accordance with T.C.A. § 50-3-306, advance notice of inspections may not be given except as authorized by the Commissioner when the giving of such notice is essential to the effectiveness of such inspection, and in keeping with the rules issued by him.(a) Advance notice may be given in the following situations: 1. In cases of apparent imminent danger to enable the employer to abate the danger as quickly as possible;2. In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection;3. Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and4. In other circumstances where the Commissioner determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.(b) When advance notice as authorized by the Commissioner is given, it shall be the employer's responsibility to promptly notify the authorized representative(s) of employees, if any and if known to the employer, of the inspection. The employer may, however, request that the PSSHO inform the authorized representative(s) of employees of the inspection. Advance notice shall not be given more than twenty-four (24) hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.Tenn. Comp. R. & Regs. 0800-01-05-.09
Original rule filed August 14, 1977; effective September 13, 1977. Amendment filed November 25, 1983; effective February 13, 1984. Repeal and new rule filed September 13, 2002; effective January 28, 2003.Authority: T.C.A. §§ 4-3-1411, 50-3-102, 50-3-201, and 50-3-306.