Whenever and as soon as a compliance officer concludes on the basis of an inspection that conditions or practices exist in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act, he shall inform the affected employees and employer(s) of the danger and that he is recommending a civil action to restrain such conditions or practices and for other appropriate relief. Appropriate citations and notices of proposed penalties may be CITATIONS AND PROPOSED PENALTIES issued with respect to an imminent danger even though, after being informed of such danger by the compliance officer, the employer immediately eliminates the imminence of the danger and initiates steps to abate such danger.

Authority: T.C.A. §§4-3-1411 and 50-3-401. Administrative History: Original rule filed June 10, 1974. Amendment filed November 25, 1983; effective February 13, 1984. Repeal and rule filed September 7, 2004; effective January 28, 2005.