The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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OSHA Reporting, Procedures and Forms

Reference Number: MTAS-491
Tennessee Code Annotated
Reviewed Date: September 13, 2017
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Congress passed the Occupational Safety and Health Act in 1970. The Act allowed states to run their own OSHA program. Currently 29 states have adopted their own OSH plans. TN assumed OSH responsibility in 1972. The final TN state plan was approved by federal OSH in 1985.

Most TOSHA standards and regulations are the same as the federal OSHA regulation. The TN Commissioner of Labor and Workforce Development adopts and the Division of Occupational Safety and Health (TOSHA) enforces the federal occupational safety and health standards codified in Title 29 of the Code of Federal Regulations, Part 1910. The standards apply with respect to all workplaces in the State of Tennessee with a couple of exceptions.  The rules of the TN Department of Labor and Workforce Development can be found at: http://share.tn.gov/sos/rules/0800/0800-01/0800-01-01.20160713.pdf.

The Occupational Safety and Health Administration (OSHA) recordkeeping rules (29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses) require affected employers, to record and report work-related fatalities, injuries and illnesses. The act also prohibits employers from “discriminating against an employee for reporting a work-related fatality, injury or illness”. The provisions protect the employee “who files a safety and health complaint, asks for access to records, or otherwise exercises any rights afforded by the act”. Compliance with the rules does not imply that an employer or employee is at fault, that an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits (29 CFR 1904.36).

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