Workplace Safety and TOSHA in Tennessee

This is general information, not legal advice. A Tennessee employment attorney can help with your specific situation.

What Is TOSHA?

The Tennessee Occupational Safety and Health Act (TOSHA), T.C.A. § 50-3-101 et seq., is Tennessee’s federally approved workplace safety program. Under the federal Occupational Safety and Health Act of 1970, states may operate their own safety and health programs in lieu of federal OSHA enforcement, provided those programs are at least as effective as the federal standard. Tennessee received federal approval for TOSHA and administers it through the Tennessee Department of Labor and Workforce Development (TDLWD).

In most industries and workplaces, if you are in Tennessee, it is TOSHA — not federal OSHA — that inspects worksites, issues citations, and enforces safety rules.

A Key Advantage: TOSHA Covers Public Sector Workers

One of the most important distinctions between TOSHA and federal OSHA is coverage of government workers. Federal OSHA does not cover state and local government employees. TOSHA does. Under T.C.A. § 50-3-101 et seq., TOSHA applies to:

• Private sector employers (all industries, with limited exceptions such as federal contractors and certain maritime operations)
• State government agencies and employees
• County government employers and employees
• Municipal (city) government employers and employees

This means a Tennessee firefighter, a public school custodian, or a county road crew worker has the same TOSHA protections as a private-sector warehouse employee. In states without an approved state plan, public employees have no federal OSHA protection and often no comparable state-level protection — Tennessee’s broader coverage is a meaningful distinction.

The General Duty Clause

T.C.A. § 50-3-106 — Tennessee’s general duty clause — requires every covered employer to furnish each employee a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. This is a catch-all provision that applies even when there is no specific TOSHA standard addressing a particular hazard. An employer cannot escape TOSHA liability simply because the specific danger is not listed in a regulation.

Worker Rights Under TOSHA

Tennessee workers have several specific rights under the Act:

Right to request an inspection. Any employee or employee representative can submit a confidential complaint to TDLWD requesting a TOSHA inspection of a workplace. The complaint can be filed online, by phone, or in writing. TOSHA will evaluate the complaint and determine whether to open an inspection.

Right to participate in inspections. Employees have the right to accompany TOSHA inspectors (called “compliance officers”) on workplace walkthroughs. An employee representative can point out hazards, raise concerns, and receive a copy of the citations issued.

Right to be informed. Employers must post the TOSHA poster describing employee rights and must make injury and illness logs (OSHA 300 logs) available to employees.

Protection from retaliation. TOSHA prohibits employers from discharging, disciplining, or otherwise retaliating against an employee for reporting a safety concern, filing a complaint, participating in an inspection, or exercising any right under the Act. Retaliation complaints must generally be filed within 30 days of the adverse action.

How to File a TOSHA Complaint

Workers can file a TOSHA complaint with the TDLWD Safety Division. Complaints can be submitted through the TDLWD website, by calling the TOSHA office, or by visiting a regional office. Complaints can be made anonymously, though providing contact information can help TOSHA follow up. For retaliation complaints specifically, the 30-day filing window is critical.

Relationship to Federal OSHA

Because Tennessee has an approved state plan, federal OSHA defers enforcement to TOSHA in most Tennessee workplaces. Federal OSHA retains jurisdiction over certain industries — including most maritime operations and federal contractors — but for the vast majority of Tennessee workers, TOSHA is the relevant agency.

TOSHA standards must be at least as stringent as the corresponding federal OSHA standards, and Tennessee may adopt more protective rules. In practice, TOSHA standards closely track federal OSHA standards in most areas.

For more on Tennessee employment law, see the Tennessee Employment Law hub.