Employees, Employers

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 29 and Title 50, relative to workplace conditions.

Healthcare Labor Taxes

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Behn, Oliver
Last action: 2025-03-26
Official status: Failed for lack of second in: Banking & Consumer Affairs Subcommittee
Effective date: Not listed

Plain English Breakdown

The bill did not pass during its session, so it has no effective date or further legislative action.

Workers' Right to Live Act

This bill requires employers in Tennessee to report workplace deaths within 24 hours and imposes penalties if they are found responsible for preventable fatalities.

What This Bill Does

Requires employers to report workplace deaths occurring on-site during work hours or as a direct result of workplace conditions within 24 hours of occurrence.
Establishes a system for the state labor department to investigate these reports and determine if the death was due to employer negligence, an unavoidable medical emergency unrelated to workplace conditions, or a true accident without identifiable employer fault.
Imposes fines on employers found negligent in causing worker fatalities, with a minimum fine of $250,000 per fatality, payable to the state's Worker Protection Fund.
Requires employers who receive economic incentives from the state to repay those funds if they are later found responsible for preventable workplace deaths.

Who It Names or Affects

Employers in Tennessee
Employees working in Tennessee

Terms To Know

Negligence: A failure by an employer to take reasonable care to prevent workplace accidents or deaths.
Accountability agreement: An agreement between a business and the state that includes economic incentives like tax breaks in exchange for certain commitments from the business.

Limits and Unknowns

The bill did not pass during its session.
Details on how whistleblower protections will be implemented are left to future rules by the labor department.

Bill History

2025-03-26 Tennessee General Assembly
Failed for lack of second in: Banking & Consumer Affairs Subcommittee
2025-03-19 Tennessee General Assembly
Placed on s/c cal Banking & Consumer Affairs Subcommittee for 3/26/2025
2025-03-19 Tennessee General Assembly
Action Def. in s/c Banking and Consumer Affairs Subcommittee to 3/26/2025
2025-03-12 Tennessee General Assembly
Placed on s/c cal Banking & Consumer Affairs Subcommittee for 3/19/2025
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Commerce and Labor Committee
2025-02-10 Tennessee General Assembly
Assigned to s/c Banking & Consumer Affairs Subcommittee
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-06 Tennessee General Assembly
P2C, ref. to Commerce Committee - Government Operations for Review
2025-02-06 Tennessee General Assembly
Filed for introduction
2025-02-05 Tennessee General Assembly
Intro., P1C.
2025-02-04 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill enacts the "Workers' Right to Live Act," the purpose of which is to ensure that businesses operating in this state are held accountable
for workplace fatalities, provide a clear mechanism for reporting worker deaths, and establish financial penalties and incentive claw back provisions for employers found responsible for preventable deaths.

REPORTING OF WORKPLACE FATALITIES

This bill req
uires a workplace fatality to be reported to the division of occupational safety and health ("division
"
) of the department of labor and workforce development ("department") within 24 hours of occurrence. As used in this bill, a "workplace fatality" means
the death of an employee occurring on-site during work hours or as a direct result of workplace conditions.

This bill requires the department, in consultation with the division, to establish a reporting system for workplace fatalities, ensuring coordinat
ion with the division and local authorities. If an employer fails to report a workplace fatality within the timeframe described above, then the department must assess a civil penalty of not less than $50,000 per violation. Each instance of failing to re
p
ort a workplace fatality within such timeframe constitutes a separate violation.

INVESTIGATION AND DETERMINATION OF NEGLIGENCE

Upon receiving notice of a workplace fatality, this bill requires the division to initiate an investigation within five busine
ss days. The division must determine whether the fatality was due to (i) employer negligence, including a failure to comply with occupational safety and health regulations promulgated pursuant to this chapter, inadequate training, or lack of safety proto
c
ols; (ii) an unavoidable medical emergency unrelated to workplace conditions, including a heart attack; or (iii) a true accident without identifiable employer fault. The division must publicly report the findings of an investigation pursuant to this sect
i
on within 90 days of completion of the investigation. An employer may appeal a determination of negligence in accordance with the Uniform Administrative Procedures Act within 30 days of receiving the final investigative report.

FINANCIAL PENALTIES AND IN
CENTIVE CLAW BACKS

If the division determines in an investigation that a workplace fatality resulted from employer negligence, then this bill provides that the employer is subject to (i) a fine of not less than $250,000 for each fatality, payable to the
state's worker protection fund as described below, and (ii) additional fines determined by the division based on the severity of the violation and prior violations committed by the same employer.

On or after July 1, 2025, this bill requires the departmen
t of economic and community development to include a claw back provision in an accountability agreement that the department enters into with an employer in this state. If the division determines that a workplace fatality resulted from employer negligence,
then an employer that has an accountability agreement with the department of economic and community development must repay any state-provided incentives or funds received during the preceding three fiscal years. Further, if an employer demonstrates a pa
t
tern of negligence resulting in multiple fatalities, then the employer must not receive state economic incentives for not less than five years from the date such determination is made.

WORKER PROTECTION FUND

This bill creates in the state treasury the w
orker protection fund, which is separate and distinct from the general fund and all other reserve funds, to be administered by the division. The fund consists of moneys collected from the penalties and fines described in this bill. Moneys in the fund mu
s
t only be used to effectuate this bill.

RULEMAKING

This bill requires the department of labor and workforce development to promulgate rules to effectuate this bill, including mechanisms for whistleblower protections for employees reporting unsafe
working conditions.

Current Bill Text

Read the full stored bill text

SENATE BILL 1220
By Oliver

HOUSE BILL 791
By Behn

HB0791
003033
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 8; Title 29 and Title 50, relative to workplace
conditions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 50, Chapter 3, is amended by adding
the following as a new part:
50-3-1101. Short title.
This part is known and may be cited as the "Workers' Right to Live Act."
50-3-1102. Legislative findings.
(a) The general assembly finds that every worker in this state has the right to a
safe workplace and that workplace fatalities due to negligence, unsafe conditions, or
failure to comply with safety regulations must be addressed with accountability
measures.
(b) The purpose of this part is to ensure that businesses operating in this state
are held accountable for workplace fatalities, provide a clear mechanism for reporting
worker deaths, and establish financial penalties and incentive claw back provisions for
employers found responsible for preventable deaths.
50-3-1103. Part definitions.
As used in this part:
(1) "Accountability agreement" means any agreement between an
employer and the department of economic and community development that
includes incentives, tax abatements, or other economic development benefits;

- 2 - 003033

(2) "Claw back provision" means a requirement that an employer repay
incentives received if the employer is found in violation of workplace safety
regulations and such violation resulted in a workplace fatality;
(3) "Negligence" means a failure to exercise reasonable care in
maintaining workplace safety, as determined by an investigation conducted by
the division; and
(4) "Workplace fatality" means the death of an employee occurring on-
site during work hours or as a direct result of workplace conditions.
50-3-1104. Reporting of workplace fatalities.
(a) A workplace fatality must be reported to the division within twenty-four (24)
hours of occurrence.
(b) The department, in consultation with the division, shall establish a reporting
system for workplace fatalities, ensuring coordination with the division and local
authorities.
(c) If an employer fails to report a workplace fatality within the timeframe
required under subsection (a), then the department shall assess a civil penalty of not
less than fifty thousand dollars ($50,000) per violation of subsection (a). Each instance
of failing to report a workplace fatality within the timeframe required under subsection (a)
constitutes a separate violation.
50-3-1105. Investigation and determination of negligence.
(a) Upon receiving notice of a workplace fatality, the division shall initiate an
investigation within five (5) business days.
(b) The division shall determine whether the fatality was due to:

- 3 - 003033

(1) Employer negligence, including a failure to comply with occupational
safety and health regulations promulgated pursuant to this chapter, inadequate
training, or lack of safety protocols;
(2) An unavoidable medical emergency unrelated to workplace
conditions, including a heart attack; or
(3) A true accident without identifiable employer fault.
(c) The division shall publicly report the findings of an investigation pursuant to
this section within ninety (90) days of completion of the investigation.
(d) An employer may appeal a determination of negligence in accordance with
the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, within thirty
(30) days of receiving the final investigative report.
50-3-1106. Financial penalties and incentive claw backs.
(a) If the division determines in an investigation conducted pursuant to § 50-3-
1105 that a workplace fatality resulted from employer negligence, then the employer
must be subject to:
(1) A fine of not less than two hundred fifty thousand dollars ($250,000)
for each fatality, payable to the state's worker protection fund, created in § 50-3-
1107; and
(2) Additional fines determined by the division based on the severity of
the violation and prior violations committed by the same employer.
(b)
(1) On or after July 1, 2025, the department of economic and community
development shall include a claw back provision in an accountability agreement
that the department enters into with an employer in this state.

- 4 - 003033

(2) If the division determines that a workplace fatality resulted from
employer negligence under subsection (a), then an employer that has an
accountability agreement with the department of economic and community
development, must repay any state-provided incentives or funds received during
the preceding three (3) fiscal years.
(c) If an employer demonstrates a pattern of negligence resulting in multiple
fatalities, then the employer shall not receive state economic incentives for not less than
five (5) years from the date such determination is made.
50-3-1107. Worker protection fund.
(a) There is created in the state treasury the worker protection fund, which is
separate and distinct from the general fund and all other reserve funds, to be
administered by the division.
(b) The fund consists of moneys collected from the penalties and fines described
in §§ 50-3-1104 and 50-3-1106. Moneys in the fund must only be used to effectuate this
part.
(c) Moneys in the fund may be invested by the state treasurer in accordance
with § 9-4-602.
(d) Interest accruing on investments and deposits of the fund must be credited to
the fund, do not revert to the general fund, and must be carried forward into the
subsequent fiscal year.
(e) Any balance remaining unexpended at the end of a fiscal year in the fund
does not revert to the general fund and must be carried forward into the subsequent
fiscal year.
50-3-1108. Rules.

- 5 - 003033

The department shall promulgate rules to effectuate this part, including
mechanisms for whistleblower protections for employees reporting unsafe working
conditions. The rules must be promulgated in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. For the purpose of promulgating rules, this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes, this act takes effect on July 1,
2025, the public welfare requiring it.