Tennessee § 50-3-906 - State departments and agencies — Responsibilities.

§ 50-3-906. State departments and agencies — Responsibilities.

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. The head of each agency shall, in consultation with employees or representatives of employees of the agency: Provide a safe and healthful place and conditions of employment; Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees; Make, keep, preserve and make available to the commissioner of labor and workforce development, the commissioner's designated representative or persons within the agency to whom the responsibilities have been delegated, adequate records of all occupational accidents and personal injuries for proper evaluation and necessary corrective action as required under §§ 50-3-701 and 50-3-702; Consult with the commissioner with regard to the adequacy of the form and content of records kept pursuant to subdivision (3); By agreement with the commissioner, devise a program of inspection and sanctions required to carry out the purposes of the chapter; Consult with the commissioner regarding health and safety problems of the agency that are considered to be unusual or peculiar to its activities, or responsibilities that cannot be achieved under a standard required under this chapter; Make an annual report to the commissioner with respect to accidents and personal injuries and the agency's program under the chapter; and Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this section, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health. Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 28, 37; 1977, ch. 111, § 38; T.C.A., § 50-567; Acts 1999, ch. 520, § 41. Attorney General Opinions. Tennessee Occupational Safety and Health Administration has no statutory authority to investigate or prosecute a complaint of discrimination by an employee of a state government department or agency pursuant to this section, but such agencies may enter into agreements with the Department of Labor and Workforce Development allowing for investigations and sanctions, OAG 03-115 (9/10/03). Commissioner of the Department of Labor and Workforce Development may issue written notification of noncompliance with the Tennessee Occupational Safety and Health Act to the head of the state department or agency which is the employer, and ultimately issue this notification to the governor, OAG 03-115 (9/10/03).