Tenn. Comp. R. & Regs. 0800-01-05-.15 - EMPLOYEE COMPLAINTS

(1) Under the provisions of T.C.A. §§ 50-3-106 and 50-3-304, any employee or authorized representative(s) of employees may submit a complaint concerning occupational safety and health conditions in his or her workplace. Within the public sector, employees should submit complaints or request inspections in accordance with procedures set forth in their employer's occupational safety and health program.

(2) Employees who have complained to their employer who feel that the action taken to satisfy their complaint was not appropriate, or who feel that their employer's occupational safety and health program is no longer effective can submit a complaint to or request an inspection from the Division of Occupational Safety and Health, Tennessee Department of Labor and Workforce Development. Such complaint or request for inspection shall be in writing and shall set forth with reasonable particularity the grounds for the complaint or inspection request. The complaint or inspection request should be signed and the name of the person signing the complaint or request shall be withheld from the employer if such desire is indicated in the complaint or inspection request.

(3) If the Manager of Public Sector Operations determines that an employee complaint or inspection request meets the requirements set forth in paragraphs (1) and (2) of this rule, and there are reasonable grounds to believe that the complaint or inspection request is valid, he shall cause an inspection to be made. The inspection shall be conducted by a PSSHO, as soon as practicable, to determine if program deficiencies exist. Inspections under this rule shall not be limited to matters referred to in the complaint or inspection request.

(4) If the Manager of Public Sector Operations determines that an inspection is not warranted because there are no reasonable grounds to believe that a violation of the Act, any standard, rule or danger exists, he shall notify the complaining or requesting party, if known, in writing of such determination. If the complaining or requesting party is dissatisfied with such determination, he may resubmit his complaint or inspection request without prejudice to the Commissioner. Any decision of the Commissioner regarding the complaint or inspection request resubmission shall be final and not subject to further review.

Notes

Tenn. Comp. R. & Regs. 0800-01-05-.15

Original rule filed August 14, 1977; effective September 13, 1977. Amendment filed November 25, 1983; effective February 13, 1984. Amendment filed March 27, 2001; effective July 30, 2001. Repeal and new rule filed September 13, 2002; effective January 28, 2003.

Authority: T.C.A. §§ 4-3-1411, 50-3-102, 50-3-106, 50-3-201, 50-3-304, and 50-3-906.