Title 50, Employer And Employee

For the purpose of carrying out its functions under this chapter, two (2) members of the commission shall constitute a quorum, and official action can be taken only on the affirmative vote of at least two (2) members.

It is the duty of the department of labor and workforce development to provide equipment, supplies, clerical assistance, and the like, that the commission reasonably requires.

(a) An appeal may be taken from any final order or other final determination of the commission by any person, including the commissioner, who is or may be adversely affected by the final order or other final determination. (b) The appeal shall be processed in accordance with the …

(a) The commissioner shall designate those persons in the commissioner's department responsible for carrying out the commissioner's powers, duties and responsibilities under this chapter. (b) The persons designated shall be qualified by education, training and experience to ensur…

The commissioner of labor and workforce development may delegate the power to conduct inspections under §§ 50-3-301 — 50-3-306 to any other department of state government or to any local or regional health agency; provided, that the procedures employed by the department or agency…

(a) The commissioner of labor and workforce development shall not designate any person of a rank below division administrator to:(1) Determine to institute an action under § 50-3-401;(2) Seek judicial review under § 50-3-806;(3) Recommend to a district attorney general the instit…

(1) The commissioner of labor and workforce development may engage in educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter, and is authorized to conduct, directly or by grants or contracts, training of personnel engag…

It is the duty of the attorney general and reporter and of the district attorneys general in the various districts of the state to assist the commissioner of labor and workforce development, upon the commissioner's request, and to act promptly upon the commissioner's recommendati…

(1) It is the responsibility of each administrative department, commission, board, division or other agency of the state to establish and maintain an effective and comprehensive occupational safety and health program consistent with the standards promulgated under this chapter. T…

The commissioner shall submit annually to the governor and the general assembly a summary or digest of reports submitted to the commissioner under § 50-3-906(7), together with the commissioner's evaluations of the progress toward achievement of the purposes of this chapter, the n…

(a) Whenever the commissioner has reason to believe that an agency or department is failing reasonably to abide by §§ 50-3-906 — 50-3-913, the commissioner may issue to the head of the agency or department a written notification stating in what respects the agency or department h…

Whenever the commissioner of labor and workforce development has reason to believe that failure of an agency or department to meet its responsibilities under this chapter creates imminent danger of death or serious physical injury to any employee of this state, the commissioner s…

(a) It is the duty of county, municipal and other local governments to provide their employees with conditions of employment consistent with the objectives of this chapter, and to comply with standards developed under § 50-3-201. (b) On or before July 1, 2006, or in the case of l…

No action shall be taken with reference to an employer that is a local government, other than the performance of inspections under §§ 50-3-301 — 50-3-306 performed for the purpose of determining the effectiveness of programs developed and registered by the employers under § 50-3-…

If the commissioner has reason to believe that any local government program of compliance is ineffective, the commissioner shall, after unsuccessfully seeking by negotiation to abate the failure, include this fact in the commissioner's annual report to the governor and the genera…

If proceedings under §§ 50-3-307, 50-3-401 — 50-3-404, 50-3-407 and 50-3-408 or 50-3-409, 50-3-501 — 50-3-503, 50-3-505 and 50-3-506 have been commenced with reference to a local government that has elected to be treated as a private employer, the proceedings, including subsequen…

(a) All information obtained by or reported to the commissioner pursuant to any section of this chapter that contains or might reveal a trade secret or is otherwise privileged shall be considered confidential for the purpose of that section. The information may be disclosed to ot…

(a) Compliance with any other state law that regulates safety and health in employment and places of employment shall not excuse any employer or employee or any other person from compliance with this chapter or any standard or regulation promulgated pursuant to this chapter. (b) …

(a) Records and reports required by this chapter shall be obtained with a minimum burden on employers, especially those operating small businesses. (b) Unnecessary duplication will be avoided by encouraging and approving the use of existing substitute records for those required u…

(1) The commissioner of labor and workforce development, subject to the requirements of § 4-4-116, is authorized, in accordance with § 18 of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 667) to: (1) Submit a state plan for the state that provides for safe a…

(a) If the commissioner of labor and workforce development, upon inspection or investigation, finds a hazardous condition at a place of employment that presents an imminent threat to life or limb of an employee, the commissioner may issue an emergency stop order requiring the imm…

On or after April 16, 2012, no public funds of this state or any political subdivision of this state shall be allocated to the regulation or enforcement of any change made after December 1, 2011, to the United States department of labor's Hazardous Occupations Orders for Agricult…

In the event that an employee or official of the department of labor and workforce development authorized to conduct inspections is denied permission to make that inspection, and a warrant is required by the constitution of the United States or the state of Tennessee, the employe…

(1) As used in this chapter, “issuing officer,” means either:(1) Any official authorized by law to issue search warrants; or(2) Any court of record in the county of residence of the agency making application for an administrative inspection warrant. (1) Any official authorized by…

(1) The issuing officer is authorized to issue administrative inspection warrants authorizing an employee or official of the department of labor and workforce development to inspect named premises and seize certain items. In so doing, the issuing officer must determine from the a…

(a) The issuing officer shall immediately make a finding as to whether an administrative inspection warrant should be issued and if the issuing officer so determines, issue the warrant. (b) No notice shall be required prior to the issuance of the warrant.

(1) All warrants shall include at least the following:(1) The name of the agency and employee or official requesting the warrant;(2) The statutory authority for the inspection;(3) The name of the person or persons submitting affidavits in support of the issuance of the warrants;(…

(a) It is the duty of any representative of the department of labor and workforce development charged with the enforcement of the Occupational Safety and Health Act, compiled in chapter 3 of this title, upon the request of the inspecting person or persons, to accompany the person…

Any person who willfully refuses to permit inspection, obstructs inspection or aids in the obstruction of an inspection of property described in an administrative inspection warrant commits a Class C misdemeanor.

(a) Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or move for the return of any item seized, by the agency pursuant t…

This part shall be known and may be cited as the “Child Labor Act of 1976.”

(1) As used in this part, unless the context otherwise requires:(1) “Agricultural work” includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultur…

(a) A minor under fourteen (14) years of age may not be employed in any gainful occupation except as otherwise provided in § 50-5-107. (b) Any person who violates subsection (a) commits a Class D felony.

(a) A minor who is either fourteen (14) or fifteen (15) years of age may be employed in connection with any gainful occupation that:(1) Does not interfere with the minor's schooling, health or well-being;(2) Is not prohibited by subsection (b); or(3) Is not prohibited by § 50-5-1…

(a) A minor who is sixteen (16) or seventeen (17) years of age may be employed in connection with any gainful occupation that:(1) Does not interfere with the minor's health or well-being;(2) Is not prohibited by subsection (b); or(3) Is not prohibited by § 50-5-106. (1) Does not …

(a) A minor may not be employed in connection with the following:(1) Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components;(2) Motor vehicle driving occupations;(3) Coal mine occupations;(4) Logging occupa…

(1) This part shall not apply to any minor who:(1) Is employed in housework in the minor's home;(2) Is employed by a parent or guardian in a nonhazardous occupation, as defined by § 50-5-106;(3) Is employed in agricultural work;(4) Is employed in the distribution or sale of newsp…

(a) The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor's parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safet…

Before any minor may be employed or continue to be employed in connection with any gainful occupation, the employer shall require proof of the age of the minor employee or prospective employee by requiring the minor to provide the employer with a copy of the minor's birth certifi…

(1) The department shall administer and enforce this part. In addition, the department shall:(1) Supply employers of minors with printed copies of the regulations governing the employment and hours of work of minors and occupations prohibited to minors under this part;(2) Inspect…

(1) Employers of minors subject to regulation under this part shall:(1) Make, keep and preserve a separate and independent file record for each minor employed, which shall be kept at the location of the minor's employment and shall include:(A) An employment application;(B) A copy…

(a) (1) Except as provided in § 50-5-103, any employer, who violates this part, or hinders or obstructs the department in administering or enforcing this part, or any parent or guardian who permits a child under the parent's or guardian's control or custody to work in violation o…

Any person who violates § 50-5-106(20) or who violates § 50-5-103 by employing a child in an occupation that would violate § 50-5-106(20) if the child were over fourteen (14) years of age commits a Class C felony.

The commissioner may issue, amend and rescind all rules, regulations and procedures necessary to effectuate the purpose of this part.

A minor must have a thirty-minute unpaid break or meal period if scheduled to work six (6) hours consecutively. This break shall not be scheduled during or before the first hour of scheduled work activity.

This part shall be known and may be cited as the “Tennessee Protection of Minor Performers Act.”