Most workers in Tennessee have no idea what their rights actually are. Seriously. You spend 40+ hours a week at a job, and you probably don’t know what your boss is legally required to do for your safety. That changes today.
Tennessee has its own version of OSHA. It’s called TOSHA. And it’s stricter than you might think.
What Is TOSHA?
TOSHA stands for the Tennessee Occupational Safety and Health Administration. Think of it as Tennessee’s own workplace safety police. It operates under the Tennessee Department of Labor and Workforce Development.
Here’s the thing. Every state has to follow federal OSHA rules. But Tennessee went a step further. The state created its own program that meets or even exceeds federal standards. That program is TOSHA.
TOSHA covers most workers in Tennessee. It covers private sector employees. It also covers state and local government workers. That’s actually more coverage than federal OSHA provides on its own.
Who Does TOSHA Cover?
Pretty much everyone who works in Tennessee is covered. But there are a few exceptions. These might surprise you.
TOSHA does NOT cover maritime workers. That includes shipyard employment and longshoring. It also doesn’t cover workers at Tennessee Valley Authority facilities or military bases. Railroad workers and aircraft cabin crew members are also excluded from TOSHA’s reach.
Wondering if your job is covered? If you work a regular private sector job or for a state or local government agency in Tennessee, you almost certainly are.
Federal OSHA steps in for the industries TOSHA doesn’t cover. So no worker is completely left without protection.
The Basic Rule: Your Employer Must Keep You Safe
Okay, this one’s important. The foundation of Tennessee’s workplace safety law is simple. Your employer must provide a workplace free from recognized hazards. That’s the law under T.C.A. Section 50-3-105.
“Recognized hazards” means dangers the employer knows about or should know about. It doesn’t matter if a specific rule covers that exact hazard. If it’s dangerous and the employer knows it, they have to fix it.
This is called the General Duty Clause. Think of it as a safety catch-all. If a hazard doesn’t fit neatly into a specific rule, this clause still requires your employer to act.
Pretty straightforward, right?
Employer Reporting Requirements
Hold on, this part is important. Tennessee employers are required by law to report certain events to TOSHA. And the deadlines are strict.
If a worker dies on the job, the employer must report it to TOSHA within eight hours. That’s not a suggestion. That’s the law.
If a worker is hospitalized, loses an eye, or suffers an amputation, the employer must report it within 24 hours. These aren’t just paperwork rules. TOSHA uses these reports to investigate dangerous workplaces.
Employers also have to keep injury and illness records. Most employers with 11 or more employees must track workplace injuries in a formal log. Small employers with 10 or fewer workers are generally exempt from detailed recordkeeping.
Employee Rights Under TOSHA
This is the part most people miss. You have real, legal rights as a worker in Tennessee. Let’s break them down.
You have the right to a safe workplace. Your employer can’t legally ignore known hazards and do nothing about them.
You have the right to know about dangers. Employers must inform you about chemicals and other hazards you work with. Tennessee’s Hazardous Chemical Right-to-Know Law actually goes beyond federal standards here. Your employer must share safety data sheets and hazard information with you.
You have the right to request an inspection. If you think your workplace is dangerous, you can ask TOSHA to come check it out. You don’t have to prove anything first. Just file a complaint.
You also have the right to participate in that inspection. If a TOSHA officer shows up, you or your representative can walk through the workplace with them.
Sound like a lot of power? It is. Use it.
Protection Against Retaliation
Many people assume that reporting safety problems will get them fired. They find out the hard way that federal and state law protect them. Don’t be one of them.
Retaliation against workers who report safety issues is illegal. Your employer cannot fire you, demote you, or punish you for filing a TOSHA complaint. They also can’t retaliate against you for participating in a TOSHA inspection.
The Tennessee Public Protection Act adds an extra layer of protection. It shields employees who report legal violations, including unsafe working conditions. Federal OSHA also has anti-retaliation protections for private sector workers.
If you face retaliation, you can file a complaint with both TOSHA and federal OSHA. Honestly, this protection exists for a reason. Use it without fear.
Types of Violations TOSHA Cites
Not all safety violations are treated the same. TOSHA puts violations into categories based on how serious they are. This affects the fines employers pay.
A “serious” violation is one where there’s a high chance someone could be seriously hurt or killed. These are the most common type of citation.
A “willful” violation is more serious. This means the employer knew about the hazard and ignored it anyway. It’s not necessarily intentional cruelty, but it shows plain indifference to worker safety. These carry the highest fines.
A “repeat” violation means the employer got cited for the same type of problem before and didn’t fix it. These can also lead to steep penalties.
An “other-than-serious” violation is still a problem, but one less likely to cause major harm.
Penalties and Consequences
Let’s talk about the penalties. Because they’re no joke.
For serious violations, federal OSHA’s 2025 penalty caps went up to $16,550 per violation. TOSHA’s state penalties have historically been lower than federal maximums. But the agency is clearly capable of issuing major fines when warranted.
In April 2026, TOSHA issued a record $3.1 million in penalties against Accurate Energetic Systems after a 2025 explosion killed 16 workers. That case involved 100 violations. Fifty-nine of them were classified as willful. Willful violations alone led to $3 million in penalties.
That’s the largest fine in TOSHA’s history. Before that, the biggest penalty was around $380,000 from a 2001 case. The gap tells you how serious 59 willful violations can get.
For employers, penalties are calculated using a formula. TOSHA looks at the size of your business, the seriousness of the violation, your history of past violations, and whether you showed good faith. Smaller businesses may get reduced fines. Repeat offenders pay more.
Here’s where it gets interesting. Tennessee is one of the last states still using outdated penalty caps compared to the federal standard. That means even a large violation may result in a smaller fine here than it would under federal OSHA. Advocates have pointed to this as a concern, especially since Tennessee ranks 47th in the nation for workplace fatality rates.
How TOSHA Inspections Work
TOSHA doesn’t just show up randomly. Well, sometimes it does. But most inspections are triggered by specific events.
The highest-priority inspections happen when there’s an imminent danger situation. That means a fatality or catastrophic event is about to happen. TOSHA responds fast in those cases.
The next priority is accident investigations. If someone dies or is hospitalized at a workplace, TOSHA investigates.
Then come complaints. If an employee files a written complaint, TOSHA takes it seriously. A signed complaint from a worker is one of the most reliable triggers for an inspection.
TOSHA also runs scheduled or “programmed” inspections. These target industries known to have higher hazard levels.
During an inspection, a TOSHA compliance officer will walk through the workplace. They will interview both managers and workers. They will take air and noise measurements. They will review safety programs like Lockout Tagout or Confined Space procedures. After the walkthrough, they hold a closing conference. They’ll explain any violations they found and give the employer a chance to correct them.
What Happens After a Citation?
So TOSHA finds a problem. What happens next?
The employer receives a citation explaining the violation and the proposed penalty. Employers have 20 calendar days to contest the citation if they disagree. They can request an informal conference with TOSHA.
If contested, the case goes to the Tennessee Occupational Safety and Health Review Commission. This is an independent three-member board appointed by the governor. They review the evidence and can uphold, reduce, or eliminate the citation.
If the employer accepts the citation, they must pay the penalty within 30 calendar days. They also have to fix the hazard by a set abatement date. Ignoring the deadline for fixing the hazard leads to more fines.
How to File a Complaint With TOSHA
This is simpler than most people think. You’re not alone in finding this confusing. Most workers don’t know how easy it actually is.
You have a few options. You can call TOSHA’s toll-free number: 800-249-8510. You can also call the nearest regional TOSHA office. Offices are located in Chattanooga, Jackson, Kingsport, Knoxville, Memphis, and Nashville.
You can also file a complaint online. Go to the Tennessee Department of Labor and Workforce Development website and use the online complaint form.
You don’t have to give your name if you’re worried about retaliation. But a signed complaint from an employee tends to get faster action. TOSHA takes those very seriously.
Stay with me here. One more important point. TOSHA only handles workplace safety complaints. If your complaint is about wages or unpaid overtime, that’s a different department. Use the wage complaint process instead.
TOSHA Free Consultation Services
Here’s something most employers don’t know about. TOSHA offers free consultation services. This is separate from enforcement.
If you’re an employer who wants help identifying hazards and fixing them, you can request a free visit from TOSHA’s consultation team. They come out, look at your workplace, and give you advice. They don’t issue citations during consultation visits. It’s purely educational.
This is a huge benefit for small businesses. You get expert safety advice at no cost. And you protect your workers without waiting for an inspection to catch a problem.
Honestly, more businesses should take advantage of this. It’s a smart move.
Special Rule: Tennessee’s Hazardous Chemical Right-to-Know Law
Tennessee actually went beyond federal law on chemical safety. The Tennessee Hazardous Chemical Right-to-Know Law adds requirements on top of federal standards.
Employers who use hazardous chemicals must give workers access to Safety Data Sheets. These sheets explain what chemicals are in the workplace, what dangers they pose, and how to handle them safely. Workers have a legal right to this information.
This law also applies to some chemicals that federal standards might not fully cover. It’s one area where Tennessee actually provides more protection than federal OSHA.
Frequently Asked Questions
Does TOSHA cover my workplace if I work for a city or county government? Yes. TOSHA covers state and local government workers. This is actually an advantage over federal OSHA, which doesn’t cover public sector workers.
Can my employer fire me for calling TOSHA? No. Retaliation for filing a safety complaint or participating in an inspection is illegal under both Tennessee and federal law. You can report retaliation to TOSHA or file a claim.
What should I do if I see a dangerous condition at work right now? Call TOSHA immediately at 800-249-8510. If the danger is imminent, meaning someone could get seriously hurt right away, they can respond quickly.
Do I have to give my name when filing a safety complaint? No. You can file anonymously. However, a signed complaint often leads to a faster and more thorough response from TOSHA.
How long does TOSHA have to respond to my complaint? It depends on the type of complaint. Imminent danger situations get the fastest response. Non-urgent complaints may be handled by letter or scheduled inspection.
Does TOSHA cover farm workers and agricultural employees? TOSHA enforces agricultural safety standards. However, small farms with 10 or fewer workers who didn’t use temporary labor and had no OSHA violations may be exempt from some rules. Larger agricultural operations must comply.
Final Thoughts
Now you know the basics of OSHA laws in Tennessee. You know who TOSHA covers. You know what your rights are. You know how to report a problem and what happens after you do.
The bottom line is simple. Tennessee employers are legally required to keep you safe at work. If they fail to do that, TOSHA has the power to hold them accountable. And you have the power to trigger that process.
Stay informed. Know your rights. And if your workplace feels unsafe, speak up. The law is on your side.
References
- Tennessee Occupational Safety and Health Act, T.C.A. § 50-3-101
- TOSHA Official Website – Tennessee Department of Labor and Workforce Development
- File a Safety Complaint with TOSHA
- Federal OSHA – Tennessee State Plan Overview
- TOSHA Inspection Procedures
- TOSHA Statement on AES Investigation – April 2026
- OSHA 2025 Penalty Adjustments – OHS Online
