Section 0800-01-05-.10 - NOTICE OF UNSAFE OR UNHEALTHFUL WORKING CONDITIONS AND INSPECTION REPORTS(1) The Commissioner has delegated authority for review of monitoring inspections by PSSHOs to the Manager of Public Sector Operations, Division of Occupational Safety and Health. If, on the basis of the PSSHO's report, the Manager of Public Sector Operations believes that the employer has violated a provision of the Act, any standard, or rule as may be applicable, he shall issue to the employer a Notice of Unsafe or Unhealthful Working Conditions (notice) for such violation. A notice shall be issued even though after being informed of an alleged violation by the PSSHO, the employer immediately abates, or initiates steps to abate, such alleged violation. Any notice shall be issued with reasonable promptness and in no event later than six (6) months following the monitoring inspection.(2) Any notice shall describe with particularity the nature of the alleged violation, including a reference to the provision(s) of the Act, standard, rule, regulation or order alleged to have been violated. Any notice shall also fix a reasonable time or times for the abatement of the alleged violation.(3) If a notice is issued for a violation alleged in a request for inspection under Rule 0800-1-5-.15 or a notification of violation under Rule 0800-1-5-.08(5), a copy of the notice shall also be sent to the employee(s) or authorized representative(s) of employees who made such request or notification.(4) Employer and Employee Objections to Notice. Any employer, employee or authorized representative(s) of employees of an employer to whom a notice has been issued may file a written declaration with the Commissioner advising him of objections to the terms or conditions of the notice. Employers, employees or authorized representative(s) of employees must file such declaration within twenty (20) days of receipt by the employer of the notice.(5) Notice, if any, and a report of findings concerning the general effectiveness of the employer's occupational safety and health program shall be sent to the employer following a monitoring inspection by the Manager of Public Sector Operations. If no alleged violations were found during the monitoring inspection which would be subject to the issuance of a notice in accordance with the provisions of paragraphs (1) through (3) of this rule, the report shall so state. Any report shall be issued with reasonable promptness and in no event later than six (6) months following the monitoring inspection.Tenn. Comp. R. & Regs. 0800-01-05-.10
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, 50-3-304, 50-3-907, 50-3-908, and 50-3-912.