Tennessee Code Annotated

Tenn. Code Ann. § 50-3-105 (2026)

Employers' rights and duties

✓ current as of May 2026

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Rights and duties of employers include, but are not limited to, the following:

(1) Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees;

(2) Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this chapter;

(3) Each employer shall refrain from any unreasonable restraint on the right of the commissioner to inspect the employer's place of business. Each employer shall assist the commissioner in the performance of the commissioner's inspection duties by supplying or by making available information, personnel or inspection aids reasonably necessary to the effective conduct of the inspection;

(4) Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue, under § 50-3-201;

(5) Any employer is entitled, under § 50-3-307, to a review of any citation issued because of the employer's alleged violation of any standard promulgated under this chapter;

(6) Any employer is entitled, under §§ 50-3-402 - 50-3-408, to a review of any penalty in the form of civil damages assessed against the employer because of the employer's alleged violation of this chapter;

(7) Any employer is entitled, under part 6 of this chapter, to seek an order granting a variance from an occupational safety or health standard; and

(8) Any employer is entitled, under § 50-3-914, to protection of the employer's trade secrets and other legally privileged communications.

Acts 1972, ch. 561, § 4; 1974, ch. 585, §§ 4-7; 1977, ch. 111, § 3; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-505; Acts 1999, ch. 520, § 41.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1998–2026 · leading case: Terminix Int'l Co. v. Tennessee Dep't of Labor, 77 S.W.3d 185 (Tenn. Ct. App. 2001).

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Terminix Int'l Co. v. Tennessee Dep't of Labor, 77 S.W.3d 185 (Tenn. Ct. App. 2001). · cites it 3× “Tennessee employers are required, under Tenn.Code Ann. § 50-3-105(1), to furnish employees working conditions free from recognized hazards likely to cause serious injury or harm by complying with occupational safety and health standards or regulations of the Department of Labor.”

Terminix Int'l Co. v. Dep't of Labor (Tenn. Ct. App. 2001). · cites it 4× “See Tenn. Code Ann. § 50-3-105 (6). These labor standards are intended to provide the highest degree of health and safety protection possible.”

Joe Grant v. Serv. Transp. (Tenn. Ct. App. 2001). · cites it 4× “Grant filed a more definite statement, citing a violation of section 50-3-105(1) of the Tennessee Code.”

Raul Martinez v. Davids Grp., LLC (Tenn. Ct. App. 2026). · cites it 2× “” Because the restaurant’s floor was slippery and the ladder was not secured, the trial court found that an OSHA violation had occurred and that Defendant had failed to provide a safe workplace for its employee as required by Tennessee Code Annotated section 50-3-105. Addressing…”

John Durling Kemper v. Joe C. Baker, individually & in his capacity as City Manager of Berry Hill, Tennessee (Tenn. Ct. App. 2012). · cites it 2× “§ 654 (“Duties of employers and employees”); Tenn. Code Ann. § 50-3-105 (“Rights and duties of employers”).”

Odom v. City of Chattanooga (Tenn. Ct. App. 1998). · cites it 2× “5 T.C.A. § 50-3-105(1) provides that “[e]ach employer shall furnish to each of their employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to their employees.”

— Tenn. Code Ann. § 50-3-105(1) — 3 cases

Terminix Int'l Co. v. Tennessee Dep't of Labor, 77 S.W.3d 185 (Tenn. Ct. App. 2001). “Tennessee employers are required, under Tenn.Code Ann. § 50-3-105(1), to furnish employees working conditions free from recognized hazards likely to cause serious injury or harm by complying with occupational safety and health standards or regulations of the Department of Labor.”

Joe Grant v. Serv. Transp. (Tenn. Ct. App. 2001). “Grant filed a more definite statement, citing a violation of section 50-3-105(1) of the Tennessee Code.”

Odom v. City of Chattanooga (Tenn. Ct. App. 1998). “5 T.C.A. § 50-3-105(1) provides that “[e]ach employer shall furnish to each of their employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to their employees.”

— Tenn. Code Ann. § 50-3-105(6) — 1 case

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