OSHA Penalties by State
OSHA Penalties in Tennessee (2026)
Tennessee runs an OSHA-approved State Plan administered by Tennessee Occupational Safety and Health Administration (TOSHA), covering private-sector employers. In 2026, a serious violation carries up to $7,000 and a willful or repeat violation up to $70,000 under the state's own maximums.
Verified vs OSHA sources · 2026-10-05
Tennessee is an OSHA-approved State Plan covering both private and public employers. Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums. A serious violation carries up to $7,000 and a willful or repeat violation up to $70,000 per violation in 2026.
29 CFR 1903.15state statute2026 amounts unchanged from 2025, with no inflation increase.
Is Tennessee federal OSHA or a state plan?
Tennessee runs a full OSHA-approved state plan covering private and public employers, administered by Tennessee Occupational Safety and Health Administration (TOSHA).
Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums.
29 CFR 190229 approved state plans
Compare all 29 plans, their agencies and their penalty caps on the OSHA State Plans hub. How the Tennessee plan works, its own standards and its HazCom rule: Tennessee State Plan guide.
Whose HazCom rule applies in Tennessee?
Tennessee has its own hazard communication rule to read. OSHA lists hazard communication among this plan’s own standards, one of 10 full State Plans, out of 22. That label says a state rule exists, not what it contains: some states write a separate text, some deliver the federal text under their own numbering at fixed dates, and some add a state right-to-know layer on top of the federal standard.
Tennessee applies the federal HazCom text and layers its own Hazardous Chemical Right to Know chapter on top: a workplace chemical list, fire-department placarding and public disclosure duties federal HazCom does not impose.
Rule: Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know)
Tennessee's chapter is a right-to-know layer, not a replacement: 0800-01-09-.06(1) states that "Employers are required to comply with 29 CFR 1910.1200(f) Labels and other forms of warning", and the chapter defines "OSHA standard" as the federal standard at 1910.1200. What it adds is Tennessee-specific: a workplace chemical list, fire-department access and building placarding, and public information on request. The published revision is dated November 2014.
Adoption verified 2026-08-07 against OSHA’s state-plan record. HCS 2024 deadlines by state plan.
Tennessee Penalty Rates (2026)
Per-violation civil penalties. Tennessee sets its own maximums (see note below). T.C.A. §50-3-403State-set figures, effective T.C.A. §50-3-403 (TOSHA statute text, read 2026-09-15).
Serious Violation
$7,000
per violation (max)
Willful / Repeat
$70,000
per violation (max)
Failure to Abate
State schedule
per day, state schedule
Tennessee sets its own penalty maximums. Tennessee (TCA §50-3-403) has not adopted OSHA's post-2016 penalty increases: it caps serious violations at $7,000 and willful/repeat at $70,000, well below the federal amounts.
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | State schedule | $7,000 | T.C.A. §50-3-403 |
| Other-Than-Serious | $0 | $7,000 | T.C.A. §50-3-403 |
| Willful | State schedule | $70,000 | T.C.A. §50-3-403 |
| Repeated | State schedule | $70,000 | T.C.A. §50-3-403 |
| Failure to Abate | None | state schedule | T.C.A. §50-3-403 |
Tennessee sets these maximums by state law; reductions for size, good faith and history follow the state agency’s own penalty policy, not the federal manual.
Tennessee Construction Enforcement (FY2025)
OSHA · FY2025Construction (NAICS 23) enforcement by Tennessee Occupational Safety and Health Administration (TOSHA) for October 1, 2024 – September 30, 2025.
1,249
Construction citations
360
Inspections with citations
$1,127,762
Penalties (current amounts)
Source: OSHA Frequently Cited Standards, NAICS 23 (Tennessee, FY2025).
Work fatality rates in Tennessee, 2024
5.1
fatal injuries per 100,000 full-time workers, all industries
10.2
per 100,000 full-time workers in construction, 14th highest of the 40 states BLS published
Source: BLS Census of Fatal Occupational Injuries: fatal injury rates by state of incident and industry, all ownerships, 2024 . BLS computes state rates with CPS and LAUS data; they rank states against each other and are not compared here with the national hours-based rate.
Help and oversight in Tennessee
Free, confidential help: OSHA On-Site Consultation
In Tennessee, the program is TOSHA Consultation (Tennessee Department of Labor and Workforce Development). OSHA describes it as “Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs.” It is separate from OSHA enforcement; the employer commits to correcting serious hazards.
Tennessee consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
Tennessee OSHA Profile
- •Who enforces private construction: Tennessee Occupational Safety and Health Administration (TOSHA) (State Plan).
- •Maximum penalties: $7,000 serious / $70,000 willful-repeat (state-set), state-schedulefailure-to-abate.
- •To contest: Tennessee Occupational Safety and Health Administration (TOSHA) runs its own contest and review process under state law; the deadline is on the citation.
- •FY2025 enforcement: 1,249 construction citations across 360 inspections ($1,127,762 in penalties).
Frequently-Cited OSHA Standards & Tennessee Guides
Frequently-cited OSHA construction standards, each with a guide specific to Tennessee (penalties, common violations, checklist).Where shown, citation counts are federal OSHA construction totals, national, FY2025. Tennessee Occupational Safety and Health Administration (TOSHA) enforces its own equivalent requirements in Tennessee.
- Fall Protection29 CFR 1926.5016,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.1200698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.10532,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.4512,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.134
- Lockout/Tagout (LOTO)29 CFR 1910.147
- Forklifts29 CFR 1910.178
- Stairways (Construction)29 CFR 1926.1052
- PPE General Requirements29 CFR 1910.132
- Confined Spaces29 CFR 1910.146
Construction trades inspected most in Tennessee
Inspections of construction employers opened in Tennessee from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 439 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 236220 Commercial and Institutional Building Construction | 77 | 17.5% |
| 238130 Framing Contractors | 48 | 10.9% |
| 237310 Highway, Street, and Bridge Construction | 37 | 8.4% |
| 238160 Roofing Contractors | 36 | 8.2% |
| 238220 Plumbing, Heating, and Air-Conditioning Contractors | 31 | 7.1% |
HazComFast count from the Labor Department's OSHA enforcement data: inspections of construction employers (NAICS 23) opened from October 1, 2024 to September 30, 2025, federal OSHA and State Plan combined, grouped by the inspected employer's 2022 NAICS industry. data.dol.gov · NAICS 2022, sector 23
FAQ: OSHA in Tennessee
▸Is Tennessee a federal OSHA or state-plan state?
Tennessee is an OSHA-approved State Plan covering both private and public employers. Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums.
▸What are the maximum OSHA penalties in Tennessee in 2026?
Tennessee sets its own maximums: Tennessee (TCA §50-3-403) has not adopted OSHA's post-2016 penalty increases: it caps serious violations at $7,000 and willful/repeat at $70,000, well below the federal amounts. Serious violations carry up to $7,000 each (other-than-serious the same), and Willful or Repeat violations up to $70,000 each. Failure-to-Abate runs up to the amount in the state schedule. These 2026 amounts are unchanged from 2025 (no inflation adjustment).
▸Does Tennessee have its own OSHA plan?
Yes. Tennessee operates a full state plan administered by Tennessee Occupational Safety and Health Administration (TOSHA), covering both private and public employers. State plans must be "at least as effective" as federal OSHA and may set higher penalties.
▸How many OSHA construction citations does Tennessee see?
In FY2025 (October 1, 2024 – September 30, 2025), OSHA construction inspections in Tennessee produced 1,249 citations across 360 inspections, with $1,127,762 in penalties at current amounts (OSHA Frequently Cited Standards, NAICS 23, Construction). Because Tennessee runs its own State Plan, these are the state agency's own figures.
▸Did OSHA penalties go up in 2026 in Tennessee?
No. The 2026 federal maximums are unchanged from 2025 because the required CPI adjustment was not published (OMB Memo M-26-11), so the 2025 amounts carry forward unchanged. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these figures. Tennessee's state-set maximums are tracked separately by Tennessee Occupational Safety and Health Administration (TOSHA). Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in Tennessee construction?
Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1926.501 most often in Tennessee construction in FY2025, 115 times (OSHA Frequently Cited Standards). Nationally, federal OSHA cited fall protection (29 CFR 1926.501) most often in construction in FY2025, 6,772 times (OSHA Frequently Cited Standards).
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Sources & verification
- OSHA Penalties (osha.gov/penalties)
- OSHA State Plans (osha.gov/stateplans)
- 2026 Annual Adjustments to OSHA Civil Penalties
Penalty amounts and plan status were checked against OSHA sources on 2026-10-05. This page is general information, not legal advice. State plans set their own amounts and procedures; confirm current figures with Tennessee Occupational Safety and Health Administration (TOSHA) before relying on them.
Get the Binder in Order Before the Inspector Arrives. Are You Ready?
OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.
Serious violation, Tennessee
$7,000
per violation (max)
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