TBA Law Blog

TBA Law Blog

Despite Hundreds of Complaints TOSHA Lacks Standards, Citation Authority

Posted by: Stacey Shrader Joslin on Jul 21, 2020

Hundreds of Tennessee employees have reported living in fear for their health as their employers allegedly failed to abide by state and federal COVID-19 guidelines. The Tennessean reports that between March 1 and June 30, the Tennessee Occupational Safety and Health Administration processed 640 complaints alleging unsafe working conditions including inadequate personal protective equipment, lack of social distancing, inability to take time off to get tested for COVID-19, lack of information about coworkers who test positive for the virus, and the unwillingness of management to listen to safety concerns. In response to such complaints, TOSHA can notify employers of the complaint and reiterate federal and state safety recommendations, but cannot issue citations since it does not have workplace standards pertaining to COVID-19. Workers' advocates are calling on the state legislature to remedy the issue by adding COVID-19 standards to TOSHA’s enforcement authority.

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