Tenn. Comp. R. & Regs. 0800-01-04-.09 - REPRESENTATIVES OF EMPLOYERS AND EMPLOYEES
(1) Compliance
officers shall be in charge of inspections and questioning of persons. A
representative of the employer and a representative authorized by his employees
shall be given an opportunity to accompany the compliance officer during the
physical inspection of any workplace for the purpose of aiding such inspection.
A compliance officer may permit additional employer representatives and
additional representatives authorized by employees to accompany him where he
determines that such additional representatives will further aid the
inspection. A different employer and employee representative may accompany the
compliance officer during each different phase of an inspection if this will
not interfere with the conduct of the inspection.
(2) Compliance officers shall have authority
to resolve all disputes as to whom is the representative authorized by the
employer and employees for the purpose of this rule. If there is no authorized
representative of employees, or if the compliance officer is unable to
determine with reasonable certainty who is such representative, he shall
consult with a reasonable number of employees concerning matters of safety and
health in the workplace.
(3) The
representative(s) authorized by employees shall be an employee(s) of the
employer. However, if in the judgment of the compliance officer, good cause has
been shown why accompaniment by a third party who is not an employee of the
employer (such as an industrial hygienist or a safety engineer) is reasonably
necessary to the conduct of an effective and thorough physical inspection of
the workplace such third party may accompany the compliance officer during the
inspection.
(4) Compliance officers
are authorized to deny the right of accompaniment under this rule to any person
whose conduct interferes with a fair and orderly inspection. The right of
accompaniment in areas containing trade secrets shall be subject to the
provisions of Rule 0800-01-04-.10. With regard to information classified by an
agency of the United States Government in the interest of national security,
only persons authorized to have access to such information may accompany a
compliance officer in areas containing such information.
Notes
Authority: T.C.A. ยงยง 4-3-1411 and 50-3-303.
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