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Tennessee Code Title 39. Criminal Offenses § 39-17-111

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) It is an offense for any person to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device from any machine, tool or other implement and as a result of that action another person suffers bodily injury or death. For purposes of this section, “machine, tool or other implement” does not include:

(A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or

(B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities.

(2) It is not an offense to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device under subdivision (a)(1) if the warning, guard or other safety device is removed, disconnected or altered:

(A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or

(B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards.

(b) A violation of this section is a Class A misdemeanor, punishable only by fine of not more than two thousand five hundred dollars ($2,500).

(c) Evidence of a criminal conviction under this section shall not be admissible in a subsequent action against the employer filed by the employee involving a workplace injury or death.

(d) Neither a conviction nor a failure to obtain a conviction under this section shall preclude any other action authorized by law with respect to conduct in controversy under subsection (a).

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-111 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-111/

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