Tenn. Comp. R. & Regs. 0800-01-05-.05 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

(1) All employers are required to keep and maintain occupational safety and health injury and illness records as required by the rules in Chapter 0800-1-3O ccupational Safety and Health Record- Keeping and Reporting. The partial exemptions in Rule 0800-1-3-.02(2) and Rule 0800-1-3-.02(3) do not apply in the public sector.

(2) Under T.C.A. § 50-3-910, local governments which elect to develop their own program of self compliance must include in their written notification of such program with the Commissioner an assurance that the program includes provisions for recordkeeping as effective as the provision of T.C.A. § 50-3-701. Such recordkeeping provisions shall comply with Chapter 0800-1-3O ccupational Safety and Health Record-Keeping and Reporting.

(3) Any request for a variance to the provisions of Rule 0800-1-5-.05(1) based on form, content, etc. shall be addressed to the Commissioner. Should the Commissioner determine that a variance is warranted, he shall request that the employer seeking the variance submit a petition through the Office of the Commissioner to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, D.C. 20210. Any final determination on the granting of the variance within the public sector by the Commissioner shall be based upon the determination of the Assistant Secretary of Labor regarding such petition.

Notes

Tenn. Comp. R. & Regs. 0800-01-05-.05

Original rule filed August 14, 1977; effective September 13, 1977. Amendment filed January 14, 1978; effective February 13, 1978. Amendment filed March 17, 1978; effective April 16, 1978. Amendment filed October 3, 1978; effective January 29, 1979. Amendment filed November 25, 1983; effective February 13, 1984. Amendment filed November 30, 2000; effective March 30, 2001. Amendment filed August 30, 2001; effective December 28, 2001. 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, 50-3-701, 50-3-906, 50-3-910, and 50-3-917.