29 CFR 1952.10Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know)T.C.A. §50-3-403

Tennessee OSHA State Plan (TOSHA): what a contractor needs to know

Tennessee OSHA (TOSHA) is part of the Tennessee Department of Labor and Workforce Development which is headed by the Commissioner. The central office is located in Nashville. There are also five field offices in Knoxville, Memphis, Chattanooga, Gray, and Jackson. The Tennessee State Plan covers private-sector workplaces in the state, with 5 exceptions OSHA lists, and state and local government employers. OSHA first approved it on July 5, 1973 (38 FR 17840) and gave it final approval under section 18(e) on July 22, 1985 (50 FR 29670), amended on June 9, 2000 ( 65 FR 36624 ) and September 29, 2016 ( 81 FR 67012 ). Hazard communication: 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.

Verified against OSHA's page for the Tennessee State Plan · October 1, 2026

Tennessee penalties and enforcement

At a glance

Agency

Initial Approval

July 5, 1973 (38 FR 17840)

State Plan Certification

May 16, 1978 (43 FR 20982)

18(e) Final Approval

July 22, 1985 (50 FR 29670), amended on June 9, 2000 ( 65 FR 36624 ) and September 29, 2016 ( 81 FR 67012 )

Who it covers

Private-sector workplaces with 5 listed exceptions, plus state and local government employers

29 CFR 1952.10

Standards of its own

6 unique standards on OSHA's list

Hazard communication

Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know)

Construction citations, FY2025

1,249 citations in 360 inspections

Who the TOSHA plan covers

The Tennessee State Plan applies to private-sector workplaces in the state with the exception of:

Maritime employment (including shipyard employment, marine terminals, and longshoring, but not including marine construction, which is covered by TOSHA);
Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
Railroad employment, not otherwise regulated by another federal agency;
Employment at Tennessee Valley Authority facilities and on military bases; and
All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

In addition, any hazard, industry, geographical area, operation, or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to federal enforcement. TOSHA covers state and local government workers but does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the Tennessee State Plan. In addition, Federal OSHA enforces the retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. The State Plan also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

Source: OSHA, Tennessee State Plan, read October 1, 2026.

The standards Tennessee writes for itself

TOSHA has adopted OSHA standards and regulations applicable to private sector and state and local government employment with the exception of the following unique standards:

General industry

Smoking in the Workplace
Firefighter Protection
Electrical Hazards
Sharps Injury Prevention
Hazard Communication
Toxic Chemicals and Handling

OSHA's page names the standards; the binding text is the state's own (TOSHA website). Where a federal standard applies, the state enforces it as it adopted it.

Hazard communication in Tennessee

The rule

Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know)

What the state text says

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.

Read the rule

The federal compliance dates and how each State Plan adopted HCS 2024 are compared on HazCom deadlines 2026 and in HCS 2024 deadlines by State Plan. The rule every other State Plan cites is in the State Plan HazCom rule map.

TOSHA enforcement in construction, FY2025

TOSHA issued 1,249 citations in 360 construction inspections in FY2025 (October 1, 2024 – September 30, 2025), with $1,127,762 in penalties at their current amounts.

Rank in Tennessee	Standard	Citations	Share
1	29 CFR 1926.501	115	9.2%
2	29 CFR 1910.1200	106	8.5%
3	29 CFR 1926.451	95	7.6%
4	29 CFR 1910.134	66	5.3%
5	29 CFR 1926.1053	66	5.3%

OSHA Frequently Cited Standards tool, NAICS 23, Tennessee, figures extracted August 8, 2026. Ranks count every row the tool lists for the state. The tool now shows the following fiscal year; these are the FY2025 figures as extracted.

Penalties, cited paragraphs and trades in Tennessee

Penalties and appeals

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.

Tennessee penalties

Contesting a citation

Working under the TOSHA plan, in five steps

Step 1
Check that the jobsite is under the State Plan
OSHA lists 5 exceptions to TOSHA's private-sector coverage, starting with maritime employment (including shipyard employment, marine terminals, and longshoring, but not including marine construction, which is covered by tosha). Work under an exception falls to federal OSHA.
Step 2
Read the Tennessee standards that touch your trade
OSHA's list of Tennessee standards has no construction entry; 6 standards cover other sectors. The federal construction standards apply as adopted by the state.
Step 3
Set your HazCom program to the state rule
Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know) is the rule to read before you set compliance dates. 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.
Step 4
Know the penalties and the contest path
Tennessee sets its own maximums (T.C.A. §50-3-403): up to $7,000 for a serious violation. Employers, workers, and worker representatives have the right to contest citations issued by TOSHA. The citation states the deadline to contest, and the state review body is described under Penalties and appeals.
Step 5
Use the free consultation program
TOSHA Consultation (Tennessee Department of Labor and Workforce Development) offers on-site consultation, separate from enforcement.

Run it in HazComFast

Every trade reads the same sheet

Put a QR code on the container and any worker on site, whoever signs their paycheck, opens its SDS with the phone camera. No app, no login, and no per-seat charge for workers, foremen or subs.

Built for jobsites where the signal drops

Your jobsite's SDS load onto the phone on their own. The app shows how many are ready (17 of 20, 20 of 20) before you head underground. First-aid steps for every product on the jobsite stay on the phone, even in airplane mode.

Approve it or send it back

Every submission lands in a review queue. Approve it, reject it with a reason, or ask for a revision. Each decision is stamped with who reviewed it and when: the trail a controlling employer needs when OSHA asks what it did before the crew mobilized.

What each plan includes

InspectionsFrom Pro
Corrective actionsFrom Pro
OSHA 300, 301 and 300A logsFrom Starter
300A certification and posting windowFrom Starter
Written HazCom program, versionedFrom Starter
Training center and assignmentsFrom Starter
Full record export, any timeEvery plan
Litigation defense packageFrom Starter

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Key facts

OSHA first approved the Tennessee State Plan on July 5, 1973 (38 FR 17840); final approval under section 18(e) came on July 22, 1985 (50 FR 29670), amended on June 9, 2000 ( 65 FR 36624 ) and September 29, 2016 ( 81 FR 67012 ).
A summary of the Tennessee State Plan is codified at 29 CFR 1952.10.
OSHA lists 5 exceptions to the plan's private-sector coverage, and federal OSHA covers what the plan does not.
Federal OSHA keeps enforcement of the anti-retaliation provision of section 11(c) of the OSH Act for the private sector, according to OSHA's page for the plan.
OSHA's page lists 6 standards Tennessee wrote for itself.
Hazard communication in Tennessee runs through Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know).
In FY2025 (October 1, 2024 – September 30, 2025), TOSHA issued 1,249 construction citations in 360 inspections, with $1,127,762 in current penalties (OSHA cited-standards tool).
Tennessee's maximum for a serious violation is $7,000, set by T.C.A. §50-3-403.

In Tennessee

State Plans

Guides

Tennessee State Plan FAQ

Who enforces OSHA in Tennessee?

Does the Tennessee State Plan cover private construction contractors?

Yes, with the exceptions OSHA lists for the plan (5 of them, such as maritime employment (including shipyard employment, marine terminals, and longshoring, but not including marine construction, which is covered by tosha)). The plan also covers state and local government employers; federal OSHA covers the rest (29 CFR 1952.10).

Does Tennessee have OSHA standards of its own?

Yes. OSHA's page for the plan lists 6: general industry, Smoking in the Workplace, Firefighter Protection, Electrical Hazards, Sharps Injury Prevention, Hazard Communication, Toxic Chemicals and Handling. The other standards are federal standards the state adopts (plan summary: 29 CFR 1952.10).

What hazard communication rule applies in Tennessee?

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. The rule to read is Tenn. Comp. R. & Regs. 0800-01-09 (Hazardous Chemical Right to Know). Classification verified against OSHA's page for the plan on August 7, 2026; the federal standard is 29 CFR 1910.1200.

How do I contest a citation from TOSHA?

Employers, workers, and worker representatives have the right to contest citations issued by TOSHA. The Tennessee Occupational Safety and Health Review Commission hears and rules on objected citations issued by TOSHA. For more information on these proceedings, visit the Tennessee State Plan website. Federal OSHA's 15-working-day notice of contest under 29 CFR 1903.17 does not govern a State Plan citation: the citation itself states the state deadline.

What are the OSHA penalties in Tennessee?

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. The federal maximums under 29 CFR 1903.15(d) do not set Tennessee's amounts.

Sources

OSHA's page for the plan read on October 1, 2026; the state hazard communication rule on August 7, 2026. OSHA notes that a State Plan's own office has the latest information. General guidance, not legal advice.

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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