Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1220 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 791
3	3	By Behn
4	4
5	5	SENATE BILL 1220
6	6	By Oliver
7	7
8	8
9	9	SB1220
10	10	003033
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 8; Title 29 and Title 50, relative to workplace
15	15	conditions.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 50, Chapter 3, is amended by adding
19	19	the following as a new part:
20	20	50-3-1101. Short title.
21	21	This part is known and may be cited as the "Workers' Right to Live Act."
22	22	50-3-1102. Legislative findings.
23	23	(a) The general assembly finds that every worker in this state has the right to a
24	24	safe workplace and that workplace fatalities due to negligence, unsafe conditions, or
25	25	failure to comply with safety regulations must be addressed with accountability
26	26	measures.
27	27	(b) The purpose of this part is to ensure that businesses operating in this state
28	28	are held accountable for workplace fatalities, provide a clear mechanism for reporting
29	29	worker deaths, and establish financial penalties and incentive claw back provisions for
30	30	employers found responsible for preventable deaths.
31	31	50-3-1103. Part definitions.
32	32	As used in this part:
33	33	(1) "Accountability agreement" means any agreement between an
34	34	employer and the department of economic and community development that
35	35	includes incentives, tax abatements, or other economic development benefits;
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40	40	(2) "Claw back provision" means a requirement that an employer repay
41	41	incentives received if the employer is found in violation of workplace safety
42	42	regulations and such violation resulted in a workplace fatality;
43	43	(3) "Negligence" means a failure to exercise reasonable care in
44	44	maintaining workplace safety, as determined by an investigation conducted by
45	45	the division; and
46	46	(4) "Workplace fatality" means the death of an employee occurring on-
47	47	site during work hours or as a direct result of workplace conditions.
48	48	50-3-1104. Reporting of workplace fatalities.
49	49	(a) A workplace fatality must be reported to the division within twenty-four (24)
50	50	hours of occurrence.
51	51	(b) The department, in consultation with the division, shall establish a reporting
52	52	system for workplace fatalities, ensuring coordination with the division and local
53	53	authorities.
54	54	(c) If an employer fails to report a workplace fatality within the timeframe
55	55	required under subsection (a), then the department shall assess a civil penalty of not
56	56	less than fifty thousand dollars ($50,000) per violation of subsection (a). Each instance
57	57	of failing to report a workplace fatality within the timeframe required under subsection (a)
58	58	constitutes a separate violation.
59	59	50-3-1105. Investigation and determination of negligence.
60	60	(a) Upon receiving notice of a workplace fatality, the division shall initiate an
61	61	investigation within five (5) business days.
62	62	(b) The division shall determine whether the fatality was due to:
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67	67	(1) Employer negligence, including a failure to comply with occupational
68	68	safety and health regulations promulgated pursuant to this chapter, inadequate
69	69	training, or lack of safety protocols;
70	70	(2) An unavoidable medical emergency unrelated to workplace
71	71	conditions, including a heart attack; or
72	72	(3) A true accident without identifiable employer fault.
73	73	(c) The division shall publicly report the findings of an investigation pursuant to
74	74	this section within ninety (90) days of completion of the investigation.
75	75	(d) An employer may appeal a determination of negligence in accordance with
76	76	the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, within thirty
77	77	(30) days of receiving the final investigative report.
78	78	50-3-1106. Financial penalties and incentive claw backs.
79	79	(a) If the division determines in an investigation conducted pursuant to § 50-3-
80	80	1105 that a workplace fatality resulted from employer negligence, then the employer
81	81	must be subject to:
82	82	(1) A fine of not less than two hundred fifty thousand dollars ($250,000)
83	83	for each fatality, payable to the state's worker protection fund, created in § 50-3-
84	84	1107; and
85	85	(2) Additional fines determined by the division based on the severity of
86	86	the violation and prior violations committed by the same employer.
87	87	(b)
88	88	(1) On or after July 1, 2025, the department of economic and community
89	89	development shall include a claw back provision in an accountability agreement
90	90	that the department enters into with an employer in this state.
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95	95	(2) If the division determines that a workplace fatality resulted from
96	96	employer negligence under subsection (a), then an employer that has an
97	97	accountability agreement with the department of economic and community
98	98	development, must repay any state-provided incentives or funds received during
99	99	the preceding three (3) fiscal years.
100	100	(c) If an employer demonstrates a pattern of negligence resulting in multiple
101	101	fatalities, then the employer shall not receive state economic incentives for not less than
102	102	five (5) years from the date such determination is made.
103	103	50-3-1107. Worker protection fund.
104	104	(a) There is created in the state treasury the worker protection fund, which is
105	105	separate and distinct from the general fund and all other reserve funds, to be
106	106	administered by the division.
107	107	(b) The fund consists of moneys collected from the penalties and fines described
108	108	in §§ 50-3-1104 and 50-3-1106. Moneys in the fund must only be used to effectuate this
109	109	part.
110	110	(c) Moneys in the fund may be invested by the state treasurer in accordance
111	111	with § 9-4-602.
112	112	(d) Interest accruing on investments and deposits of the fund must be credited to
113	113	the fund, do not revert to the general fund, and must be carried forward into the
114	114	subsequent fiscal year.
115	115	(e) Any balance remaining unexpended at the end of a fiscal year in the fund
116	116	does not revert to the general fund and must be carried forward into the subsequent
117	117	fiscal year.
118	118	50-3-1108. Rules.
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123	123	The department shall promulgate rules to effectuate this part, including
124	124	mechanisms for whistleblower protections for employees reporting unsafe working
125	125	conditions. The rules must be promulgated in accordance with the Uniform
126	126	Administrative Procedures Act, compiled in title 4, chapter 5.
127	127	SECTION 2. The headings in this act are for reference purposes only and do not
128	128	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
129	129	requested to include the headings in any compilation or publication containing this act.
130	130	SECTION 3. For the purpose of promulgating rules, this act takes effect upon becoming
131	131	a law, the public welfare requiring it. For all other purposes, this act takes effect on July 1,
132	132	2025, the public welfare requiring it.