Commissioner, as a result of inspections or other activity conducted under the
provisions of any rule of this chapter, determines that an employer
occupational safety and health program is less effective than as required by
in the case of state agencies, or T.C.A. §
in the case of local governments electing to develop their own program of
compliance he shall:
In the case of state
1. Issue the chief executive
officer of the agency a written notification stating in what respects the
agency has not adequately met its responsibilities, and provide a period of
twenty (20) days for the agency to respond by establishing procedures to attain
an "at least as effective as" status or contesting the notification.
2. When an agency responds to the
Commissioner's notification by establishing procedures to attain an "at least
as effective as" status, such procedures shall be in detail and include dates
for accomplishment of each item required.
3. If an agency does not advise the
Commissioner within twenty (20) days of its intention to contest such
notification, the Commissioner shall submit a copy of such notification to the
governor, together with a request that such action be taken as will bring such
agency into compliance with the provisions of the Act.
4. If, within twenty (20) days of receipt of
notification, the agency advises the Commissioner of its intention to contest
the notification, the Commissioner shall promptly notify the commission, which
shall afford opportunity for a hearing and shall thereafter issue to the
governor its findings of fact and recommendations for action.
In the case of local
1. Issue the chief executive
officer of the local government written notification by certified mail stating
in what respects the local government has not met its duty to provide its
employees with conditions of employment consistent with the objectives of the
Act, and request a response within twenty (20) days of receipt of the
notification which states procedures and dates to attain an "at least as
effective as" status.
2. Should the
local government not respond to the Commissioner's letter of notification
within the twenty (20) day period prescribed, the Manager of Public Sector
Operations, Administrator, or the Commissioner shall contact the chief
executive officer of the local government by telephone or in person in an
attempt to ascertain what the local government's response will be. Such contact
shall be made within twenty (20) to thirty (30) days following receipt of the
Commissioner's letter of notification. An additional ten (10) days may be
granted for the response by the local government. If no response is received
within forty-five (45) days, the local government shall be considered as not
3. If the local
government's response is not considered satisfactory toward achieving an "as
least as effective as" status, the Commissioner shall negotiate with the local
government in an effort to obtain a satisfactory response. Such negotiation,
however, will not extend beyond one hundred twenty (120) days following the
date of the Commissioner's original letter of notification.
4. Whenever a local government is considered
as not having responded or whenever negotiations have not resulted in a
satisfactory response, the Commissioner shall, within twenty (20) days
following a time period specified for response or negotiation, submit a copy of
all written communications and a written summary of all verbal communications
of his efforts to have the local government attain an "at least as effective
as" status to the Governor. The Commissioner shall request that the Governor
issue an executive order declaring the local government's program under T.C.A.
null and void, thereby allowing such local government to be treated as a
private employer for the purpose of enforcing all provisions of the
Commissioner shall include a summary of any action taken under the provisions
of this rule in his annual report to the governor and the general assembly,
together with the reasons therefor, and may recommend legislation as
appropriate to insure that employers meet the objectives of the Act.