§ 68-105-109 — Notification of accidents - Cessation of blaster operations - Preservation of evidence - Penalties - Hearings and judicial review - Variations from requirements

Tennessee § 68-105-109

• Jurisdiction: Tennessee
• Title: 68

Text

(a) Notification of Accident. In the event of a blasting accident, the blaster in charge of the site shall notify the department where death, personal injury requiring hospital admission, or property damage of at least five thousand dollars ($5,000) due to flying debris occurs as a result of a blasting operation. If the blaster in charge is incapacitated, the blasting firm shall be responsible for notifying the department immediately in the event of an accident described in this subsection (a). (b) Cessation of Blaster Operations. When a reportable accident occurs, the blaster in charge shall cease blasting operations immediately and shall be prohibited from conducting further blasting operations until such time as the department's investigation is completed. In no event, however, shall this cessation last longer than five (5) working days, unless the commissioner determines that a longer period of time is necessary based upon the commissioner's finding of just cause. (c) Preservation of Evidence. When a reportable accident occurs, blasting operations at the site shall cease and a reasonable effort shall be made to ensure that the immediate blasting area remains undisturbed sufficient to preserve evidence of the accident until the department completes its initial investigation. In no event, however, shall this cessation last longer than three (3) working days, unless the commissioner determines that a longer period is necessary based upon the commissioner's finding of just cause. The requirements of this section do not apply to measures taken at the site to resume traffic flow, to facilitate emergency operations, or for the mitigation of damage. (d) Enforcement Authority. The department may refuse to grant, or may suspend, revoke or refuse to renew any registration held under this chapter, and may assess a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500) if an individual, and five thousand dollars ($5,000) if a firm, for each violation of this chapter or the rules promulgated hereunder. (e) Hearings and Judicial Review. The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, govern all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter. (f) Variations from Requirements. The department may approve variations from the requirements of this chapter where the proposed variations from the specific requirements: (1) Are necessary; (2) Will not hinder the effective administration of the chapter; and (3) Will not be contrary to any other applicable law, either state or federal.

Legislative History

Acts 1975, ch. 93, § 9; T.C.A., §§ 53-6109, 68-44-109; Acts 1999, ch. 115, § 1; 2000, ch. 619, § 6; 2006, ch. 1017, § 3; 2007, ch. 204, § 1.