In accordance with section 18(e) of the Act and procedures in 29 CFR Part 1902, and after determination
that the State met the "fully effective" compliance staffing benchmarks as revised in 1984 in response to a Court Order in AFL-CIO v. Marshall (CA
74-406), and was satisfactorily providing reports to OSHA through participation in the Federal-State Unified Management Information System, the
Assistant Secretary evaluated actual operations under the Tennessee State plan for a period of at least one year following certification of completion
of developmental steps (43 FR 20980). Based on the 18(e) Evaluation Report for the period of October 1982 through March 1984, and after opportunity
for public comment, the Assistant Secretary determined that in operation the State of Tennessee's occupational safety health program is at least as
effective as the Federal program in providing safe and healthful employment and places of employment and meets the criteria for final State plan
approval in section 18(e) of the Act and implementing regulations at 29 CFR Part 1902. Accordingly, the Tennessee plan was granted final approval and
concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective July 22, 1985.
Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Tennessee. The plan does not cover private sector
maritime employment; Federal government employers and employees; the
U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail
operations; railroad employment; employment at Tennessee Valley
Authority facilities and on military bases, as well as any other
properties ceded to the United States Government.
Tennessee is required to maintain a State program which is at least as effective as operations under
the Federal program; to submit plan supplements in accordance with 29 CFR Part 1953; to allocate sufficient safety and health enforcement staff to
meet the benchmarks for State staffing established by the U.S. Department of Labor, or any revisions to those benchmarks; and, to furnish such reports
in such form as the Assistant Secretary may from time to time require.
[50 FR 29669, July 22, 1985; 65 FR 36624, June 9, 2000]