Tenn. Comp. R. & Regs. 0800-01-01-.02 - DEFINITIONS

As used in this and subsequent chapters, unless the context clearly otherwise requires:

(1) "Act" means Chapter 561 of the Public Acts of 1972, known as the Occupational Safety and Health Act of 1972 pursuant to section 1 thereof, as amended (T.C.A. Title 50, Chapter 3, §§ 50-3-101 through 50-3-919.)

(2) "Administrator" means the chief administrative officer of the Division of Occupational Safety and Health of the Tennessee Department of Labor and Workforce Development, and includes any person appointed, designated or deputized to perform the duties or to exercise the powers assigned to the Administrator of the Division of Occupational Safety and Health under the Act.

(3) "Commissioner of Labor and Workforce Development" or "Commissioner" means the chief executive officer of the Tennessee Department of Labor and Workforce Development. For the purposes of this chapter, it includes any person appointed, designated, or deputized to perform the duties or to exercise the powers assigned to the Commissioner of Labor and Workforce Development under the Act.

(4) "Employee" means any person performing services for another under a contract of hire, including minors, whether lawfully or unlawfully employed, persons in executive positions, and shall include state, county, metropolitan and municipal government employees.

(5) "Employer" means a person engaged in a business who has one or more employees and includes state, county, metropolitan and municipal governments.

(6) "Federal standard" means a standard adopted a by rule promulgated under section 6 of the Occupational Safety and Health Act of 1970, Public Law 91-596 (Title 29, United States Code § 655).

(7) "OSHA" means the Occupational Safety and Health Act of 1970, as amended Public Law 91596 (Title 29, United States Code § 650 et seq., or the Occupational Safety and Health Administration, United States Department of Labor, depending upon the context in which the acronym is used. As used in federal standards adopted by this chapter, it shall mean the same as federal standard as defined in paragraph (6) of this rule or one of the foregoing, depending upon context. It shall also, for the purposes of this chapter, be considered synonymous with the acronym "TOSHA" as defined in paragraph (10) of this rule.

(8) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or any organized group of persons.

(9) "Standard" means an occupational safety and health standard promulgated by the Commissioner of Labor and Workforce Development which requires conditions or the adoption or the use of one or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe and healthful employment and places of employment.

(10) "TOSHA" means the Division of Occupational Safety and Health, Tennessee Department of Labor and Workforce Development, which is the agency responsible for the administration and enforcement of the Act and rules and regulations promulgated by the Commissioner of Labor and Workforce Development pursuant thereto.

Notes

Tenn. Comp. R. & Regs. 0800-01-01-.02

Original rule filed January 10, 1975; effective February 9, 1975. Repeal and new rule filed September 15, 1977; effective October 14, 1977. Repeal and new rule filed March 31, 1983; effective June 15, 1983. Amendment filed November 25, 1983; effective February 13, 1984. Amendment filed March 27, 2001; effective July 30, 2001. Repeal and new rule filed January 11, 2002; effective May 31, 2002.

Authority: T.C.A. §§ 4-3-1411, 50-3-103, and 50-3-201.