In Tennessee, a serious violation of 29 CFR 1910.178 (Forklifts) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Forklifts is enforced for private construction employers by Tennessee Occupational Safety and Health Administration (TOSHA). Tennessee sets its own maximums, below the federal baseline.
29 CFR 1910.178 · Tennessee
Forklifts Requirements in Tennessee
Forklifts in Tennessee: 2026 penalties, who enforces 29 CFR 1910.178 as adopted by 0800-1-1-.06, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
TennesseeGeneral Industry (29 CFR 1910)State Plan: Tennessee Occupational Safety and Health Administration (TOSHA)State-set maximums
In Tennessee, Tennessee Occupational Safety and Health Administration (TOSHA) enforces 29 CFR 1910.178. A serious violation carries up to $7,000 in Tennessee.
$7,000
maximum for a serious violation in Tennessee
$70,000
maximum for a willful or repeat violation in Tennessee
5.1
fatal work injuries per 100,000 full-time workers, all industries, Tennessee, 2024 (BLS)
Tennessee 29 CFR 1910.178 Enforcement, FY2025
Verified · 2026-08-0813
citations of 29 CFR 1910.178 (FY2025)
$7,270
penalties for this standard
1%
of the state's 1,249 construction citations
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.178 (Forklifts) 13 times on Tennessee construction jobsites with $7,270 in penalties for it (current amounts), about 1% of every construction citation the state issued that year. That put it 22nd on Tennessee's most-cited construction list for FY2025.
What Tennessee's own rule says
The forklift standard applies as adopted federal text: operator training, the three-year evaluation and the truck-type restrictions are unchanged. Where Tennessee adds something is on the chemical side of truck work: an employer changing or charging batteries, or running an internal combustion truck indoors, is working with hazardous chemicals inside the Right to Know chapter, which requires the substance on the Workplace Chemical List with its CAS number and work area, and an SDS to every other party on a contract five working days before it arrives on site.
29 CFR 1910.178 as adopted by 0800-1-1-.06The duty itself differs from the federal text.
Contact incidents and work deaths in Tennessee, 2024
Tennessee recorded 155 fatal work injuries in 2024, down from 164 in 2023. Contact incidents caused 30 of them (19%). Construction accounted for 29.
Source: BLS Census of Fatal Occupational Injuries, Tennessee, 2024
How Tennessee Enforces 29 CFR 1910.178
Tennessee runs an OSHA-approved State Plan administered by Tennessee Occupational Safety and Health Administration (TOSHA), which covers private-sector construction. Its compliance officers enforce Tennessee's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 29 CFR 1910.178 as adopted by 0800-1-1-.06, which differs from the federal text (see the state rule above). Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.178 13 times in Tennessee construction in FY2025 (OSHA Frequently Cited Standards). Tennessee also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
29 CFR 1910.178 is a general-industry standard. Whether this general-industry standard reaches construction work has not been verified for this page. Check the standard's own scope paragraph and the corresponding 29 CFR 1926 subpart before relying on it for construction.
HazComFast records the state of every jobsite and shows that the Tennessee State Plan governs it. Start free
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 Penalty Amounts for 29 CFR 1910.178 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $7,000 | Tennessee state maximum |
| Willful | $70,000 | Tennessee state maximum |
| Repeat | $70,000 | Tennessee state maximum |
| Failure to abate | State schedule | Tennessee publishes its own failure-to-abate amount; see the state schedule |
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. Amounts are ceilings per violation. Tennessee Occupational Safety and Health Administration (TOSHA) computes proposed penalties under its own State Plan procedures.
Key Forklifts Requirements 29 CFR 1910.178
- Train and evaluate all forklift operators
- Conduct operator evaluations every 3 years
- Inspect forklifts before each shift
- Maintain forklifts per manufacturer specifications
- Follow safe operating practices (speed, loads, pedestrians)
- Designate approved truck types for hazardous locations
Who enforces it in Tennessee: Tennessee Occupational Safety and Health Administration (TOSHA) inspects private employers, construction included, under an OSHA-approved State Plan. Tennessee Occupational Safety and Health Administration (TOSHA) can add requirements beyond the federal standard above, so check its own rules as well.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.178 are on the 29 CFR 1910.178 page.
What a Forklifts Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.178. It is a list of requirements, not a ranking. A serious violation carries up to $7,000.
- Operators not trained, evaluated, or certified before operating (1910.178(l)(1)).
- No re-evaluation of operator performance within the last 3 years (1910.178(l)(4)(iii)).
- No pre-shift examination of the truck, or unsafe trucks left in service (1910.178(p)(1)/(q)).
- Unsafe operating practices (speeding, riders, raised-load travel, blocked visibility) (1910.178(m)/(n)).
- Failure to provide refresher training after an accident or observed unsafe operation (1910.178(l)(4)).
Tennessee Safety & Enforcement Profile
1,249
FY2025 construction citations
Tennessee Occupational Safety and Health Administration (TOSHA)
Enforces private construction
- Construction trades inspected most in Tennessee, FY2025: Commercial and Institutional Building Construction (77), Framing Contractors (48) and Highway, Street, and Bridge Construction (37), out of 439 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in Tennessee, 2024: 10.2 per 100,000 full-time workers, 14th highest of the 40 states BLS published (all industries: 5.1).
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. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free Forklifts Compliance Tools
Forklifts FAQ for Tennessee
What are the penalties for 29 CFR 1910.178 violations in Tennessee in 2026?
In Tennessee, a serious violation of 29 CFR 1910.178 carries a maximum penalty of $7,000 per violation, and a willful or repeat violation up to $70,000. Tennessee sets its own maximums, below the federal baseline. 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. Each distinct violation can be cited as its own item. (Source: T.C.A. §50-3-403; verified 2026-10-05.)
Which Tennessee industries most often face a Forklifts inspection?
Forklifts inspections reach employers in Tennessee covered by this standard, not the construction trades. Tennessee Occupational Safety and Health Administration (TOSHA) inspects these employers directly and may apply requirements beyond the federal standard.
How often is Forklifts cited in Tennessee?
29 CFR 1910.178 is enforced against employers in Tennessee covered by this standard, so the construction citation totals published for Tennessee (OSHA Frequently Cited Standards, NAICS 23) do not measure it. Whether this general-industry standard reaches construction work has not been verified for this page. Check the standard's own scope paragraph and the corresponding 29 CFR 1926 subpart before relying on it for construction.
Does TOSHA require forklift operator training in Tennessee?
Yes. 29 CFR 1910.178(l) requires every powered-industrial-truck operator to be trained, evaluated on the specific truck and workplace, and re-evaluated at least every three years. In Tennessee, TOSHA, the state's own OSHA program, cites untrained operators directly.
Who enforces forklift rules (1910.178) in Tennessee?
TOSHA, the Tennessee OSHA program. Tennessee runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.178 on private jobsites, including operator training under paragraph (l) and the examination of each truck before it is placed in service under paragraph (q)(7).
Can I get free OSHA help in Tennessee without an inspection?
Yes. OSHA's On-Site Consultation Program in Tennessee is TOSHA Consultation (Tennessee Department of Labor and Workforce Development). OSHA describes it this way: "Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs." Consultations are separate from OSHA enforcement, and the employer commits to correcting serious hazards.
How often does Tennessee cite 29 CFR 1910.178 in construction?
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.178 (Forklifts) 13 times on Tennessee construction jobsites, with $7,270 in penalties for that standard alone (current amounts), about 1% of the 1,249 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Forklifts Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Forklifts in Other States
14 other state plans write a rule of their own for 29 CFR 1910.178 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1910.178 as adopted by 8 AAC 61.1010(b), with the air contaminant table at 8 AAC 61.1100California8 CCR §3650 (operation) and §3668 (operator training)own maxHawaii29 CFR 1910.178 as incorporated by HAR §12-60-50(a), with §12-60-5Kentucky803 KAR 2:313 (Subpart N), with 803 KAR 2:325 for battery workown maxMichiganMIOSHA General Industry Part 21, R 408.12101 to R 408.12193 (permit at R 408.12154)own maxMinnesotaMinn. R. 5207.0900, with Minn. R. 5207.1100 for platformsNevadaNAC 618.342 to 618.410 (cranes), with NAC 618.394 for tower crane plansNorth Carolina29 CFR 1910.178 as incorporated by 13 NCAC 07F .0101
Other OSHA Standards in Tennessee
Sources & verification
Penalty amounts and plan-type data were checked on 2026-10-05 against eCFR, OSHA.gov, and the Federal Register. This page is informational and not legal advice; consult the enforcing agency or counsel for your specific situation.
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
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per violation (max)
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