Tennessee TOSHA Safety Citation Informal Conference + TOSHRC Appeal

The situation

A Tennessee employer, a Nashville construction contractor, a Chattanooga automotive supplier, a Memphis food processor, a Knoxville healthcare facility, receives a TOSHA citation with a proposed penalty. They have 15 working days to act: either request an informal conference with the TOSHA area director (which can reduce or eliminate penalties through good-faith arguments and abatement documentation) or file a formal contest to the TOSHRC. Most small employers either ignore the citation (letting it become a final order), pay the penalty without challenge, or call an employment attorney at $250-$400/hour for a process that a well-structured document package could handle.

Who receives this

Tennessee private-sector employers with fewer than 50 employees who received a TOSHA citation, primarily construction contractors (Nashville and Chattanooga build booms), automotive parts and assembly suppliers (VW Chattanooga corridor, GM Spring Hill corridor), food processing and agricultural employers (Memphis-area meatpacking, Mid-Tennessee food manufacturing), and healthcare facilities (Vanderbilt, HCA Healthcare, Regional One Health and affiliated employers). The 15-working-day deadline creates immediate urgency.

Why the agency will not advise you

The TOSHA compliance officer who issued the citation cannot advise the employer on how to contest it. Tennessee employment attorneys who defend TOSHA citations (Gordon Rees, Bass Berry & Sims, Littler Nashville) charge $5,000-$15,000 minimum for informal conference representation, economically irrational for citations under $5,000.

Key facts, with sources

• Tennessee operates a state OSHA plan (TOSHA) approved by federal OSHA. Employers who contest a TOSHA citation must notify TOSHA within 15 working days of receipt; failure to contest makes the citation a final order. TOSHA complaints have been rising in recent years, with legal coverage noting a 2025 uptick in construction, manufacturing, and healthcare enforcement. Source: Tennessee State Plan — OSHA.gov · TOSHA Complaints on the Rise — Gordon Rees Scully Mansukhani (2025)
• Tennessee's manufacturing sector is one of the state's largest employers, anchored by automotive plants (GM Spring Hill Assembly, Volkswagen Chattanooga Assembly, Ford Blue Oval City, opened 2025 in Stanton), Bridgestone Americas HQ, and major healthcare systems. These high-hazard industries generate sustained TOSHA enforcement activity in construction, general industry, and healthcare. Source: TOSHA — Tennessee Department of Labor and Workforce Development
• The Tennessee Occupational Safety and Health Review Commission (TOSHRC) is an independent three-member body that hears and rules on contested TOSHA citations. TOSHRC decisions are appealable to the Tennessee courts, a state-specific review path distinct from the federal OSHRC and from other states' review commissions. Source: Tennessee State Plan — OSHA.gov

When to bring in a professional

Self-serve responses fit routine cases: clear facts, amounts a business can absorb, and a deadline still ahead of you. Bring in a licensed professional when the amount at stake is large relative to their fee, the facts are genuinely disputed, criminal exposure is possible, or the deadline has already passed. A short paid consultation to sanity-check your plan is often worth it even when you handle the filing yourself.

All sources for this guide

1. Tennessee State Plan — OSHA.gov
2. TOSHA Complaints on the Rise — Gordon Rees Scully Mansukhani (2025)
3. TOSHA — Tennessee Department of Labor and Workforce Development