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SB 1289

Employees, Employers - As introduced, changes the maximum penalty amount from $7,000 for each violation by an employer of the Occupational Safety and Health Act of 1972, and from $70,000 for each willful and repeated violation of the act, to the maximum penalty allowed by the federal occupational safety and health administration. - Amends TCA Title 50, Chapter 3, Part 4.

114th Regular Session (2025-2026)

Tennessee bill ties state OSHA penalties to federal maximums instead of fixed caps, increasing potential penalties for workplace safety violations to federal levels.

Passed on Second Consideration, refer to Senate Commerce and Labor Committee
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Bill Summary · SB 1289

Legislative bill overview

SB 1289 updates Tennessee's occupational safety and health penalty structure by removing the state's fixed maximum penalty caps ($7,000 per violation, $70,000 for willful/repeated violations) and instead ties them to whatever the federal Occupational Safety and Health Administration (OSHA) allows. This aligns state penalties with federal standards rather than maintaining separate, lower state limits.

Why is this important

Tennessee currently imposes significantly lower maximum penalties than federal OSHA, which creates inconsistent enforcement standards and may reduce employer incentives to comply with safety regulations. Aligning with federal penalty levels could strengthen workplace safety enforcement across the state and ensure consistent consequences for violations regardless of whether federal or state authorities conduct the inspection.

Potential points of contention

  • Business compliance costs: Employers may face substantially higher potential penalties, which could increase compliance expenses and affect small businesses disproportionately if they lack safety infrastructure
  • Penalty inflation without legislative review: By tying penalties to federal amounts, the bill delegates future penalty adjustments to federal authorities rather than maintaining legislative control over state penalty levels
  • Retroactive concerns: Unclear whether this affects pending cases or only applies prospectively, which could create legal ambiguity for recent violations

Compiled from official sources — confirm details with the bill’s official record.

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