Tennessee Enforcement laws & safety compliance analysis

Tennessee Enforcement : What you need to know

Comparison: State vs. Federal

Tennessee law provides for civil and criminal penalties for violations of its hazardous materials transportation rules. Refer to TABLE 1 for penalty figures that pertain to the specific hazardous materials transportation acts. The sanctions listed are applicable only on a state level and are in addition to penalties that the federal government may impose.

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Tennessee is a “state-plan” state; that is, it has its own federally approved state occupational safety and health plan, the Tennessee Occupational Safety and Health Act (OSH Act). The Tennessee OSH Act applies to all employers in both public and private sector workplaces. Civil penalties for violations of state standards follow federal civil penalty requirements, and state criminal penalties are, in some cases, less stringent than federal criminal penalties. Refer to TABLE 2 for penalty figures that pertain to the specific safety violations.

For additional details, see the national analysis PENALTIES/LIABILITIES.

The Tennessee Department of Safety (TDS) enforces the hazardous materials transportation regulations in Tennessee.

The Tennessee Department of Labor and Workforce Development Division of Occupational Safety and Health (TOSHA) administers and enforces Tennessee’s occupational safety and health rules.

State Requirements
TABLE 1: HAZARDOUS MATERALS VIOLATIONS
Prohibited Act Penalty
Hazardous materials— Motor carriers: Violation of a regulation pertaining to the transportation of hazardous materials Administrative:Rules and Regulations of the State of Tennessee (Rule) 1340-06-01-.19(6): Up to $100
TABLE 2: SAFETY VIOLATIONS
Prohibited Act Penalty
OSHA:Death of employee that results from willful violation Criminal:Tennessee Code Annotated (TCA) ...

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