(a)

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Terms Used In Tennessee Code 50-3-605

  • Employer: means a person engaged in a business who has one (1) or more employees and includes county, metropolitan and municipal governments. See Tennessee Code 50-3-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Issue: means a category of like industrial, occupational or hazard groupings that affects the safety and health of employment or place of employment and is suggested by the groupings in the Code of Federal Regulations, title 29, chapter XVII, part 1910. See Tennessee Code 50-3-103
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Standard: means an occupational safety and health standard promulgated by the commissioner that requires conditions or the adoption or the use of one (1) or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe and healthful employment and places of employment. See Tennessee Code 50-3-103
(1) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard.
(2) Affected employees shall be given notice of each application and an opportunity to participate in a hearing.
(b) The commissioner shall issue the rule or order if the commissioner determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to the employer’s employees that are as safe and healthful as those that would prevail if the employer complied with the standard.
(c) The rule or order issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that the employer must adopt and utilize, to the extent they differ from the standard in question.
(d) The rule or order may be modified or revoked upon application by an employer, employees, or by the commissioner on the commissioner’s own motion, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance.
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