Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0791 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 1220
3		-	By Oliver
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 791
6	5		By Behn
7	6
8	7
9	8		HB0791
10	9		003033
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Title 8; Title 29 and Title 50, relative to workplace
15	14		conditions.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Title 50, Chapter 3, is amended by adding
19	18		the following as a new part:
20	19		50-3-1101. Short title.
21	20		This part is known and may be cited as the "Workers' Right to Live Act."
22	21		50-3-1102. Legislative findings.
23	22		(a) The general assembly finds that every worker in this state has the right to a
24	23		safe workplace and that workplace fatalities due to negligence, unsafe conditions, or
25	24		failure to comply with safety regulations must be addressed with accountability
26	25		measures.
27	26		(b) The purpose of this part is to ensure that businesses operating in this state
28	27		are held accountable for workplace fatalities, provide a clear mechanism for reporting
29	28		worker deaths, and establish financial penalties and incentive claw back provisions for
30	29		employers found responsible for preventable deaths.
31	30		50-3-1103. Part definitions.
32	31		As used in this part:
33	32		(1) "Accountability agreement" means any agreement between an
34	33		employer and the department of economic and community development that
35	34		includes incentives, tax abatements, or other economic development benefits;
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40	39		(2) "Claw back provision" means a requirement that an employer repay
41	40		incentives received if the employer is found in violation of workplace safety
42	41		regulations and such violation resulted in a workplace fatality;
43	42		(3) "Negligence" means a failure to exercise reasonable care in
44	43		maintaining workplace safety, as determined by an investigation conducted by
45	44		the division; and
46	45		(4) "Workplace fatality" means the death of an employee occurring on-
47	46		site during work hours or as a direct result of workplace conditions.
48	47		50-3-1104. Reporting of workplace fatalities.
49	48		(a) A workplace fatality must be reported to the division within twenty-four (24)
50	49		hours of occurrence.
51	50		(b) The department, in consultation with the division, shall establish a reporting
52	51		system for workplace fatalities, ensuring coordination with the division and local
53	52		authorities.
54	53		(c) If an employer fails to report a workplace fatality within the timeframe
55	54		required under subsection (a), then the department shall assess a civil penalty of not
56	55		less than fifty thousand dollars ($50,000) per violation of subsection (a). Each instance
57	56		of failing to report a workplace fatality within the timeframe required under subsection (a)
58	57		constitutes a separate violation.
59	58		50-3-1105. Investigation and determination of negligence.
60	59		(a) Upon receiving notice of a workplace fatality, the division shall initiate an
61	60		investigation within five (5) business days.
62	61		(b) The division shall determine whether the fatality was due to:
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67	66		(1) Employer negligence, including a failure to comply with occupational
68	67		safety and health regulations promulgated pursuant to this chapter, inadequate
69	68		training, or lack of safety protocols;
70	69		(2) An unavoidable medical emergency unrelated to workplace
71	70		conditions, including a heart attack; or
72	71		(3) A true accident without identifiable employer fault.
73	72		(c) The division shall publicly report the findings of an investigation pursuant to
74	73		this section within ninety (90) days of completion of the investigation.
75	74		(d) An employer may appeal a determination of negligence in accordance with
76	75		the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, within thirty
77	76		(30) days of receiving the final investigative report.
78	77		50-3-1106. Financial penalties and incentive claw backs.
79	78		(a) If the division determines in an investigation conducted pursuant to § 50-3-
80	79		1105 that a workplace fatality resulted from employer negligence, then the employer
81	80		must be subject to:
82	81		(1) A fine of not less than two hundred fifty thousand dollars ($250,000)
83	82		for each fatality, payable to the state's worker protection fund, created in § 50-3-
84	83		1107; and
85	84		(2) Additional fines determined by the division based on the severity of
86	85		the violation and prior violations committed by the same employer.
87	86		(b)
88	87		(1) On or after July 1, 2025, the department of economic and community
89	88		development shall include a claw back provision in an accountability agreement
90	89		that the department enters into with an employer in this state.
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95	94		(2) If the division determines that a workplace fatality resulted from
96	95		employer negligence under subsection (a), then an employer that has an
97	96		accountability agreement with the department of economic and community
98	97		development, must repay any state-provided incentives or funds received during
99	98		the preceding three (3) fiscal years.
100	99		(c) If an employer demonstrates a pattern of negligence resulting in multiple
101	100		fatalities, then the employer shall not receive state economic incentives for not less than
102	101		five (5) years from the date such determination is made.
103	102		50-3-1107. Worker protection fund.
104	103		(a) There is created in the state treasury the worker protection fund, which is
105	104		separate and distinct from the general fund and all other reserve funds, to be
106	105		administered by the division.
107	106		(b) The fund consists of moneys collected from the penalties and fines described
108	107		in §§ 50-3-1104 and 50-3-1106. Moneys in the fund must only be used to effectuate this
109	108		part.
110	109		(c) Moneys in the fund may be invested by the state treasurer in accordance
111	110		with § 9-4-602.
112	111		(d) Interest accruing on investments and deposits of the fund must be credited to
113	112		the fund, do not revert to the general fund, and must be carried forward into the
114	113		subsequent fiscal year.
115	114		(e) Any balance remaining unexpended at the end of a fiscal year in the fund
116	115		does not revert to the general fund and must be carried forward into the subsequent
117	116		fiscal year.
118	117		50-3-1108. Rules.
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123	122		The department shall promulgate rules to effectuate this part, including
124	123		mechanisms for whistleblower protections for employees reporting unsafe working
125	124		conditions. The rules must be promulgated in accordance with the Uniform
126	125		Administrative Procedures Act, compiled in title 4, chapter 5.
127	126		SECTION 2. The headings in this act are for reference purposes only and do not
128	127		constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
129	128		requested to include the headings in any compilation or publication containing this act.
130	129		SECTION 3. For the purpose of promulgating rules, this act takes effect upon becoming
131	130		a law, the public welfare requiring it. For all other purposes, this act takes effect on July 1,
132	131		2025, the public welfare requiring it.