1. (1) It is the responsibility of the employer to correct unsafe or unhealthful working conditions for which he has been notified within the abatement period specified on the notice for each violation. Factors such as budget limitations shall be taken into consideration by the Commissioner when setting abatement dates.
2. (2) If a follow-up inspection discloses that an employer has failed to correct an alleged violation within the abatement period permitted for its correction, the PSSHO shall ascertain why compliance has not been achieved. If this cannot be accomplished, he shall contact the Manager of Public Sector Operations or Administrator. The Manager of Public Sector Operations, Administrator, and/or Commissioner shall communicate with the chief executive officer of the state agency or local government who in turn will attempt to attain compliance. If deemed appropriate by the Commissioner, the program will be determined to be less effective than as required by the Act and the provisions of Rule 0800-1-5-.18 shall be implemented.

3. (3) Whenever an employer has made a good faith effort and abatement has not been completed because of factors beyond his reasonable control, such employer may submit a petition requesting in writing an extension of the abatement date as set forth in the notice or in a prior extension. The petition for modification of abatement date shall include the following information:

   1. (a) Identification of the violation and the item(s) listed thereon to which a change in abatement date is requested.
   2. (b) All steps taken by the employer and the date of such action in an effort to achieve compliance during the prescribed abatement period for all violations.
   3. (c) The specific additional abatement time necessary in order to achieve compliance.
   4. (d) The reason(s) additional time is necessary.
   5. (e) All available interim protective measures that have been taken to safeguard employees against the hazard(s) identified during the abatement period and the date of such action.
   6. (f) A certification that a copy of the petition for modification of abatement date has been posted and, if appropriate, served on the authorized representative(s) of affected employees in accordance with subparagraph (a) of paragraph (4) of this rule, and a certification of the date upon which such posting and service was made.

4. (4) A petition for modification of abatement date shall be filed with the Manager of Public Sector Operations no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer’s statement of exceptional circumstances explaining the delay.

   1. (a) A copy of such petition shall be posted in a conspicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall remain posted for a period of twenty (20) calendar days. Where affected employees are represented by an authorized representative, said representative shall be served with a copy of such petition.
   2. (b) Affected employees or their authorized representative(s) may file an objection in writing to such petition with the Manager of Public Sector Operations. Failure to file such objection within twenty (20) calendar days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to said petition.
   3. (c) The Commissioner or his duly authorized agent shall have the authority to approve any petition for modification of abatement date.
5. (5) Whenever abatement periods specified in the notice exceed thirty (30) days, the Commissioner may require the employer to provide interim protection for employees from the hazard(s) noted such as administrative controls, use of personal protective equipment, etc. When such interim protection is required, the notice shall so state. Whenever abatement periods specified in the notice exceed ninety
6. (90) days, employers may be requested to submit reports of progress toward achieving abatement as a means of assuring continuing program effectiveness. Employers shall comply with any such progress reports requested by the Commissioner.

Authority: T.C.A. §§4-3-1411, 50-3-102, 50-3-201, 50-3-907, 50-3-908, and 50-3-912. Administrative History: Original rule filed August 14, 1977; effective September 13, 1977. Amendment filed January 14, 1978; effective February 13, 1978. Amendment filed November 25, 1983; effective February 13, 1984. Repeal and new rule filed September 13, 2002; effective January 28, 2003.