TOSHA — Tennessee's OSHA-approved State Plan administered by the Tennessee Department of Labor and Workforce Development, Tennessee Occupational Safety and Health Administration (TOSHA) — enforces hearing conservation requirements under Tennessee Code Title 50, Chapter 3. Like all State Plan states, Tennessee must maintain occupational safety standards at least as effective as federal OSHA. For hearing conservation, TOSHA adopts 29 CFR 1910.95 by reference, meaning the substantive requirements are identical to federal OSHA. This guide covers what Tennessee employers need to know about operating a compliant hearing conservation program under TOSHA's enforcement framework.
Soundtrace delivers audiometric testing and noise monitoring for employers across all 50 states including Tennessee — ANSI S3.1-compliant and supervised by a licensed audiologist.
TOSHA Overview
TOSHA is an OSHA-approved State Plan that allows Tennessee to operate its own occupational safety and health program in place of federal OSHA enforcement. State Plans must be at least as effective as federal OSHA. TOSHA is administered by the Tennessee Department of Labor and Workforce Development, Tennessee Occupational Safety and Health Administration (TOSHA) under Tennessee Code Title 50, Chapter 3.
Tennessee's automotive sector includes Volkswagen Chattanooga, Nissan Smyrna, and GM Spring Hill — all with stamping, welding, and assembly operations that generate significant noise exposures. TOSHA has historically maintained inspection activity in automotive manufacturing as a priority sector.
Hearing Conservation Requirements in Tennessee
TOSHA adopts federal OSHA standards including 29 CFR 1910.95 by reference. No additional hearing conservation requirements. Tennessee has a significant manufacturing base including automotive (Volkswagen, Nissan, GM), chemicals, and food processing. TOSHA covers private sector and state/local government employees.
The substantive hearing conservation requirements under TOSHA are identical to federal 1910.95: the 85 dBA action level triggers the full six-element program, the PEL is 90 dBA, baseline audiograms must be established within 6 months of enrollment, annual audiograms are required within 12 months of the previous test, and STS detection triggers a specific chain of employer actions. See: audiometric testing for employers: complete OSHA guide.
Jurisdiction and Coverage
TOSHA enforces 29 CFR 1910.95 for both private sector employers and state/local government employees. Federal OSHA retains jurisdiction over federal government employees and contractors working in Tennessee.
| Employer Type | Governing Agency | Hearing Conservation Standard |
|---|---|---|
| Private sector employers in Tennessee | TOSHA | 29 CFR 1910.95 |
| State and local government employers | TOSHA | 29 CFR 1910.95 (adopted by reference) |
| Federal government employees | Federal OSHA | 29 CFR 1910.95 |
| Mining operations (underground/surface) | MSHA | 30 CFR Part 62 |
Enforcement and Penalties
TOSHA penalties: Serious up to $15,625. Willful/repeated up to $156,259.
Penalty amounts are adjusted annually for inflation. TOSHA enforcement priorities may differ from federal OSHA Area Office priorities — Tennessee's dominant industries often drive local enforcement focus. Employers subject to TOSHA enforcement are not subject to concurrent federal OSHA jurisdiction for the same violations.
For a complete overview of OSHA hearing conservation citation patterns and penalty structures, see: OSHA hearing conservation violations and penalties.
Key Noise-Exposed Industries in Tennessee
The following industries in Tennessee have significant occupational noise exposure profiles relevant to hearing conservation compliance: automotive assembly, chemicals, food processing, metal fabrication, printing. Employers in these sectors should prioritize noise monitoring by job classification to confirm which workers meet the 85 dBA action level threshold.
Building a Compliant HCP in Tennessee
The six required elements of an OSHA 1910.95 hearing conservation program apply identically in Tennessee: noise monitoring, audiometric testing, hearing protection devices, annual training, recordkeeping, and access to information. There are no Tennessee-specific additions to these requirements under TOSHA.
The most common compliance gaps found during TOSHA inspections mirror federal OSHA patterns nationwide: late or missing baseline audiograms, annual audiogram schedule failures, and inadequate HPD variety. See: OSHA HCP inspection guide.
Compliant audiometric testing for Tennessee employers
Soundtrace delivers OSHA-compliant in-house audiometric testing for employers in Tennessee and across all 50 states — supervised by a licensed audiologist, ANSI S3.1-compliant, with 30-year cloud record retention.
Get a Free Quote Book a demo →Frequently Asked Questions
TOSHA is Tennessee's OSHA-approved State Plan. It adopts federal 29 CFR 1910.95 by reference, meaning the substantive hearing conservation requirements are identical to federal OSHA. TOSHA enforces 1910.95 for both private sector employers and state/local government employees.
Yes. The hearing conservation requirements — the 85 dBA action level, six required program elements, baseline and annual audiograms, STS detection and employer response requirements — are identical to federal 1910.95. The only difference is that TOSHA (rather than a federal OSHA Area Office) conducts inspections and issues citations for private sector employers in Tennessee.
TOSHA penalties: Serious up to $15,625. Willful/repeated up to $156,259.
Underground and surface mining operations in Tennessee fall under MSHA (30 CFR Part 62), not TOSHA or federal OSHA. Surface facilities at mining operations that are not engaged in mining activities may fall under TOSHA/"OSHA" jurisdiction. Employers in the mining sector should confirm jurisdiction for each worksite.