reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-40. Repealed by 1998 Act No. 395, Section 2, eff June 9, 1998.

Editor's Note
Former Section 41-13-40 was entitled "Liability of employers of minors to parents or guardians" and was derived from 1962 Code Section 40-164; 1952 Code Section 40-164; 1942 Code Section 8668; 1932 Code Section 8668; Civ. C. '22 Section 5568; Civ. C. '12 Section 3788; Civ. C. '02 Section 2694; G. S. 2062; R. S. 2194; 1871 (15) 545; 1908 (25) 1029; 1976 Act No. 695 Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-50. Enforcement.

The Director of the Department of Labor, Licensing and Regulation or his designee and the inspectors and agents of the Division of Labor shall enforce the provisions of this chapter, make complaints against persons violating its provisions and institute prosecutions for violation thereof.
HISTORY: 1962 Code Section 40-165; 1952 Code Section 40-165; 1942 Code Section 7031-3; 1932 Code Section 1475; Cr. C. '22 Section 419; Cr. C. '12 Section 427; 1909 (26) 18; 1937 (40) 531; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor" and "Division of Labor" for "Department of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-60. Inspection of factories and records for enforcement purposes.

The Director and the inspectors and agents of the Department may enter and inspect at any time any place or establishment where minors are employed and may have access to all such records as may aid in the enforcement of this chapter.
HISTORY: 1962 Code Section 40-166; 1952 Code Section 40-166; 1942 Code Section 7031-3; 1932 Code Section 1475; Cr. C. '22 Section 419; Cr. C. '12 Section 427; 1909 (26) 18; 1937 (40) 531.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-10. Citation and application of chapter.

This chapter may be cited as the "Boiler Safety Act" and, except as otherwise provided in this chapter, applies to all boilers.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-20. Definitions.

For the purposes of this chapter:
(1) "API-ASME" means the American Petroleum Institute-American Society of Mechanical Engineers.
(2) "ASME" means the American Society of Mechanical Engineers.
(3) "Board" means the Contractors' Licensing Board.
(4) "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electrical, solar, or nuclear energy. The term "boiler" includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" is further defined to include any of the following terms:
(a) "heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or
(b) "high pressure, high temperature water boiler" means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or
(c) "power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
(5) "Department" means the Department of Labor, Licensing and Regulation.
(6) "Director" means the Director of the Department of Labor, Licensing and Regulation.
(7) "Owner" means the person or persons who own or operate any business operating a boiler required to be registered under this chapter.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-30. Adoption of regulations for installation and inspection of new and existing boilers; conformity to nationwide engineering standards.

(A)(1) The department shall promulgate regulations for the safe installation and inspection of boilers in this State.
(2) All new installations shall conform to generally accepted nationwide engineering standards. Conformity with the most recent edition of the Boiler and Pressure Vessel Code or the ASME Code shall be accepted as conformity with generally accepted nationwide engineering standards.
(3) The department shall promulgate regulations for installation and inspection of boilers which were in use in this State prior to the implementation of the statewide building code. The regulations must be based upon, and at all times follow, generally accepted nationwide engineering standards and practices and may adopt applicable sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
(B) The regulations and any subsequent regulations promulgated by the department must be adopted pursuant to the Administrative Procedures Act.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-40. Construction and design standards for new boilers; special installation and operating permits.

(A) Any new boiler installed and operated in this State, unless otherwise exempted, must be designed and constructed in accordance with the ASME Code or a nationally recognized code of construction. Any new boiler installed in this State must be marked in accordance with the code of construction and must be registered with the National Board of Boiler and Pressure Vessel Inspectors. Copies of registration documents must be provided to the jurisdiction when requested.
(B) Only a boiler that conforms to the regulations of the department governing installation must be installed and operated in this State after twelve months from the date upon which the first regulations under this chapter pertaining to installation have become effective; however, the department may issue a special installation and operating permit for a boiler that is of special design or construction and that is not inconsistent with the spirit and safety objectives of the regulations. The department shall issue a special installation and operating permit after determining on the record and after an opportunity for inspection of the boiler or the plans for the boiler that the proponent of the special permit has demonstrated by a preponderance of the evidence that the special design or construction will provide an equivalent degree of safety to that of conformance with the regulations. The department shall accept comments from any interested party concerning the application for a special installation and operating permit. The permit so issued shall prescribe the conditions the owner or operator must maintain.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-50. Computation of maximum allowable working pressure.

(A) The maximum allowable working pressure of a boiler carrying the ASME Code symbol must be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the department, the boiler may be re-rated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code.
(B) The maximum allowable working pressure of a boiler which does not carry the ASME or the API-ASME Code symbol must be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
(C) This chapter must not be construed to prevent the use, the sale, or the reinstallation of a boiler referred to in this section if the boiler has been made to conform to the regulations of the department governing existing installations and has not been found upon inspection to be in an unsafe condition.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-60. Boilers excepted or exempted from application of chapter.

(A) This chapter does not apply to:
(1) boilers under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193;
(2) hot water supply boilers equipped with ASME-National Board approved safety relief valves which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: heat input of 200,000 BTU per hour; water temperature of 210 degrees Fahrenheit; nominal water-containing capacity of 120 gallons;
(3) boilers in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels so long as a timely inspection report is filed pursuant to Section 41-14-120;
(4) boilers operated and maintained for the production and generation of electricity so long as a timely inspection report is filed pursuant to Section 41-14-120;
(5) boilers operated and maintained as part of a manufacturing process so long as a timely inspection report is filed pursuant to Section 41-14-120;
(6) boilers that are subject to OSHA standards of compliance so long as a timely inspection report is filed pursuant to Section 41-14-120;
(7) boilers operated and maintained by a public utility or the Public Service Authority including, but not limited to, boilers operated and maintained for the production of electricity so long as a timely inspection report is filed pursuant to Section 41-14-120.
(B) The following boilers are exempt from the requirements of Sections 41-14-120 and 41-14-130:
(1) boilers that are located on farms and used solely for agricultural or horticultural purposes;
(2) heating boilers that are located in private residences or in apartment houses of less than six family units.
(C) All pressure vessels are exempt from regulation under this chapter.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-70. Appointment of chief boiler administrator; duties.

(A) The director shall appoint a chief boiler administrator who has passed the same type of examination prescribed in Section 41-14-90.
(B) The director must be charged, directed, and empowered to:
(1) take action necessary for the enforcement of the laws and regulations of this State regulating the use of boilers;
(2) keep a complete record of the name of each boiler owner or user and his or her location, the type, dimensions, maximum allowable working pressure, age, and the last record inspection of all boilers; and
(3) publish and make available, upon request, copies of the department regulations.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-80. Certification of special inspectors; examination.

(A) The director shall promulgate regulations for the certification of special inspectors. Before receiving his certificate of competency, each inspector shall satisfactorily pass the examination provided for in Section 41-14-90 or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers from a state that has a standard of examination substantially equal to that of this State or possess a commission as an inspector of boilers issued by the National Board of Boiler and Pressure Vessel Inspectors.
(B) The expenses or salary of special inspectors must not be paid by the State.
(C) The special inspectors may inspect all boilers insured or operated by their respective companies.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-90. Requirements for examination.

The examination for chief boiler administrator or special inspectors must be in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-100. Discipline of certified inspectors; investigation of complaints and reports of violations; cease and desist orders and injunctions.

The board shall discipline certified inspectors in the manner authorized by Chapter 1, Title 40. The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and reports of violations of this chapter as provided for in Chapter 1, Title 40. In addition to other remedies provided for in this chapter, the board in accordance with Chapter 1, Title 40 may issue a cease and desist order or may petition the Administrative Law Court for equitable relief to enjoin a violation of this chapter.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-110. Lost or destroyed certificates of competency.

If a certificate of competency is lost or destroyed, a duplicate certificate of competency must be issued without further examination.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-130. Correction of deficiencies and temporary cessation of operation orders.

(A) If a report filed pursuant to this section shows that a boiler fails to comply with the regulations of the department, the department may issue a written order directing that the deficiencies be corrected and setting a date for correction.
(B) The department may issue a written order for the temporary cessation or operation of a boiler because of faulty installation or incorrect repair if the boiler has been determined after inspection to be hazardous or unsafe. Operations must not resume until the conditions are corrected to the satisfaction of the director or his designee.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-140. Assessment of civil penalties; factors considered; penalty for failure to comply with written order.

(A) Any person or entity that fails to comply with the provisions of this chapter or the regulations promulgated pursuant to this chapter may be assessed a civil penalty of not more than five thousand dollars for each violation. When considering the assessment of penalties, consideration must be given to the good faith actions of and the history of prior violations by the person or entity as well as any other relevant circumstances.
(B) Any person or entity that fails to timely comply after written notice by the department of a violation is subject to a penalty of up to one hundred dollars per day for such noncompliance.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 14 - Boiler Safety Act › Section 41-14-150. Fees.

A fee not to exceed fifty dollars per facility or per certificate filed with the department in the format prescribed by regulation may be assessed, collected, and adjusted by the Department of Labor, Licensing and Regulation in accordance with Chapter 1, Title 40.
HISTORY: 2005 Act No. 59, Section 1, eff upon approval (became law without the Governor's signature on May 18, 2005).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-10. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Editor's Note
Former Section 41-15-10 was entitled "Locking of employees in buildings" and was derived from 1962 Code Section 40-251; 1952 Code Section 40-251; 1942 Code Section 7030-13; 1933 (38) 135.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-50. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Editor's Note
Former Section 41-15-50 was entitled "Light at entrance to elevator shafts required when elevator is in operation" and was derived from 1962 Code Section 40-255; 1952 Code Section 40-255; 1942 Code Section 1126-1; 1934 (38) 1217; 1993 Act No. 184, Section 232.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-80. Employers shall furnish safe place; compliance of employers and employees to certain rules.

(1) Each employer shall furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees, and he shall comply with occupational safety and health rules and regulations promulgated under this chapter.
(2) Each employee shall comply with occupational safety and health rules, regulations and orders issued pursuant to this chapter which are applicable to his own actions and conduct.
HISTORY: 1962 Code Section 40-257.1; 1974 (58) 2328.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-90. Employers shall inform employees of protections and obligations; exceptions.

The Director of the Department of Labor, Licensing and Regulation or his designee shall issue rules and regulations requiring that employers keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable safety and health regulations, through the posting of notices or other appropriate means. The provisions of Section 41-15-80 and this section shall not apply to employers subject to the provisions of the Federal Railway Safety Act of 1970.
HISTORY: 1962 Code Section 40-257.2; 1974 (58) 2328; 1993 Act No. 181 Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-100. Exposure of employees to potentially harmful materials.

The Director of the Department of Labor, Licensing and Regulation or his designee shall issue regulations requiring employers to monitor and measure an employee's exposure to potentially toxic materials or harmful physical agents and to maintain accurate records of such employee exposure. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic material or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under Sections 41-15-210 to 41-15-330, as amended, and shall inform any employee who is being thus exposed of the corrective action being taken.
Where appropriate, such regulations shall also prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. The results of the medical examinations or other tests shall be made available to the employer, the Director, and at the request of the employee, to his physician.
In the event such medical examinations or other tests are in the nature of research, such examinations may be furnished at the expense of the Division of Labor. The results of such examinations or tests shall be furnished only to the Director of the Department of Labor, Licensing and Regulation or his designee and, at the request of the employee, to his physician.
HISTORY: 1962 Code Section 40-258; 1973 (58) 355; 1993 Act No. 181 Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor" and "Division of Labor" for "Department of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-210. Director may promulgate, modify, or revoke rules and regulations.

The Director of the Department of Labor, Licensing and Regulation or his designee may promulgate, modify or revoke rules and regulations which will have full force and effect of law upon being properly certified and filed for the purpose of attaining the highest degree of health and safety protection for any and all employees working within the State of South Carolina, whether employed in the public or private sector.
HISTORY: 1962 Code Section 40-261; 1971 (57) 505; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-220. Notice and hearing; occupational safety and health standards not subject to Administrative Procedure Act; rebuttable presumptions created by publication of notice.

(A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the Director shall conduct a public hearing at which all interested persons, including employer and employee representatives, must be provided an opportunity to appear and present their comments orally or written, or both. Notice of the hearing must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice must contain the date, time, and place of the hearing and a brief description of the proposed regulation.
(B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it.
(C) Publication of the notice creates a rebuttable presumption that the:
(1) standard to which it refers was promulgated under this section;
(2) notice was filed and made available for public inspection at the day and hour stated in it;
(3) copy on file in the Legislative Council is a true copy of the original.
HISTORY: 1962 Code Section 40-262; 1971 (57) 505; 1973 (58) 358; 1992 Act No. 377, Section 1, eff May 15, 1992.
Effect of Amendment
The 1992 amendment added subsections (B) and (C).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-230. Effective dates.

Any rule or regulation promulgated, modified or revoked under this article may contain a provision delaying its effective date for such period (not in excess of ninety days) as the Director determines may be necessary to insure that affected employers and employees will be informed of the existence, modification or revocation of the rule or regulation and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the rule or regulation.
HISTORY: 1962 Code Section 40-263; 1971 (57) 505.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-240. Temporary permits for variances.

Any affected employer may apply to the Director of the Department of Labor, Licensing and Regulation or his designee for a temporary permit granting a variance from a rule or regulation or any provision thereof promulgated under this article. Affected employees shall be given notice by the employer of each such application and shall be furnished an opportunity to participate in any hearing which shall be directed at the request of the employer or by the Director on his own motion. Such temporary permit shall be granted at the discretion of the Director if sufficient evidence establishes that:
(a) He is unable to comply with a rule or regulation by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the rule or regulation or because necessary construction or alteration of facilities cannot be completed by the effective date;
(b) He is taking all available steps to safeguard his employees against the hazard covered by the rule or regulation;
(c) He has an effective program for coming into compliance with the rule or regulation as quickly as practicable. Any temporary permit issued under this section shall prescribe the practices, means, methods, operations and processes which the employer must adopt and use while the permit is in effect and state in detail his program for coming into compliance with the rule or regulation.
No temporary permit may be in effect for longer than the period needed by the employer to achieve compliance with the rule or regulation or for one year, whichever is shorter, except that such an order may be renewed not more than twice (1) so long as the requirements of this paragraph are met and (2) if an application for a renewal is filed at least ninety days prior to the expiration date of the order. The form of the application itself for a temporary permit shall be as prescribed by the Director.
HISTORY: 1962 Code Section 40-264; 1971 (57) 505; 1973 (58) 373; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment in the opening paragraph, substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-250. Permits for permanent variances.

Any affected employer may apply to the Director for a permit for a permanent variance from a rule or regulation promulgated under this article. Affected employees and their bargaining representative, if any, shall be given notice by the employer of each such application and shall be furnished an opportunity to participate in a hearing. The Director shall issue such permit if he determines on the record, after opportunity for an inspection where applicable and a hearing, that the proponent of a variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the rule and regulation. The permit so issued shall prescribe the conditions the employer must maintain and the practices, means, methods, operations and processes which he must adopt and utilize to the extent they differ from the rule or regulation in question. Such a permit may be revoked or modified upon application by an employer, employee or by the Director on his own motion, in the manner prescribed for its issuance under this section at any time after six months from its issuance.
HISTORY: 1962 Code Section 40-265; 1971 (57) 505; 1973 (58) 373.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-270. Subpoenas and taking testimony.

The Director of the Department of Labor, Licensing and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, upon proper presentation of credentials to the owner, manager or agent of the employer, enter any place, site or area where employment comes under the jurisdiction of the Director and interrogate any person employed therein or connected therewith or the proper officers of a corporation or employer, or he may file a written or printed list of interrogatories and require full and complete answers to them to be returned under oath within fifteen days of the receipt of such list.
HISTORY: 1962 Code Section 40-267; 1971 (57) 505; 1974 (58) 2328; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-280. Citation for violation; notice in lieu of citation.

If, upon inspection or investigation, the Director or his authorized representative ascertains that an employer has violated a requirement of any rule or regulation promulgated pursuant to this article, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation or violations, including a reference to any statute or rule or regulation alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. The Director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. Such notice shall have the effect of a recommendation to the employer; compliance will not be required.
Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Director, at or near each place a violation referred to in the citation occurred.
No citation may be issued under this section after the expiration of six months following the occurrence of any violation.
HISTORY: 1962 Code Section 40-268; 1971 (57) 505; 1973 (58) 371.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-290. Correction of dangerous conditions or practices; injunctions; mandamus.

(a) The court of common pleas of the county where the place of employment is located shall have jurisdiction, upon petition of the Director of the Department of Labor, Licensing and Regulation or his designee, to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures provided by law. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary to permit such to be accomplished in a safe and orderly manner.
(b) Upon the filing of any such petition the court of common pleas shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to the law.
(c) Whenever and as soon as a safety specialist concludes that conditions or practices described in item (a) exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the Director that relief be sought.
(d) If the Director of the Department of Labor, Licensing and Regulation or his designee, or his authorized representative, arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured or aggrieved by reason of such failure, or the representative of such employees, may bring an action against the Director in the court of common pleas for the district in which the imminent danger is alleged to exist, or the employer has its principal office, or an affected employee resides, for a writ of mandamus to compel the Director to seek such an order and for such further relief as may be appropriate.
HISTORY: 1962 Code Section 40-269; 1971 (57) 505; 1973 (58) 370; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-300. Notice of penalties.

If, after an inspection or investigation, the Director issues a citation, he shall within a reasonable time after the termination of such inspection or investigation notify the employer by certified mail of the penalty, if any, assessed under Section 41-15-320.
HISTORY: 1962 Code Section 40-270; 1971 (57) 505.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-310. Appeal of Division of Labor decisions to administrative law judge.

(A) Within thirty days after receipt of a citation, notice of penalty, or notice of abatement issued by the Division of Labor pursuant to the authority of this chapter, any aggrieved party may request a contested case hearing before the Administrative Law Court in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the Rules of the Administrative Law Court. The parties to the contested case are the Division of Labor and any aggrieved employer, employee, or employee representative who requests a contested case hearing.
(B) Hearings must be conducted according to the Rules of the Administrative Law Court.
(C) A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Sections 1-23-380 and 1-23-610.
(D) An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case before the Administrative Law Court pursuant to this section, but may appear by an officer or an employee.
(E) All matters pending before the South Carolina Occupational Health and Safety Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Health and Safety Review Board shall no longer provide administrative review.
HISTORY: 1962 Code Section 40-271; 1971 (57) 507; 1973 (58) 375; 1974 (58) 2328; 1983 Act No. 113, Section 2; 1993 Act No. 181, Section 977, eff February 1, 1994; 2008 Act No. 188, Section 2, eff January 1, 2009.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor" throughout this section.
The 2008 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-330. Action when penalty is not paid within thirty days.

In each case where the penalty is not paid within thirty days, the Attorney General shall bring an action against the assessed employer. Any amounts collected shall be turned over to the State Treasurer for deposit in the General Fund of the State.
HISTORY: 1962 Code Section 40-274; 1971 (57) 505.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-510. Employees shall not be discriminated against for filing complaints and instituting proceedings.

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted, or caused to be instituted, any proceeding under or relating to statutes, rules or regulations regarding occupational safety and health, or testified, or is about to testify, in any such proceedings or because of the exercise by such employee on behalf of himself or others of any right afforded by such statutes, rules or regulations.
HISTORY: 1962 Code Section 40-453.2; 1973 (58) 379.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-520. Remedies of an employee charging discrimination.

A private sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may, within thirty days after the violation occurs, file a complaint with the Director of the Department of Labor, Licensing and Regulation alleging the discrimination. Upon receipt of the complaint, the director shall within fifteen days forward the complaints that allege violations of Section 41-15-510 and violations of a federal statute other than 29 U.S.C.A. Section 660(c) to the United States Department of Labor Whistleblower Program. For other complaints, the director shall cause an investigation to be made as he deems appropriate. If upon such investigation the director determines the provisions of Section 41-15-510 have been violated, he shall institute an action in the appropriate court of common pleas against such person. In any such action the court of common pleas shall have jurisdiction for cause shown to restrain violations of Section 41-15-510 and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay. A public sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may proceed with a civil action pursuant to the provisions contained in Chapter 27, Title 8.
HISTORY: 1962 Code Section 40-453.3; 1973 (58) 379; 1993 Act No. 181, Section 977, eff February 1, 1994; 2011 Act No. 50, Section 1, eff June 14, 2011; 2012 Act No. 282, Section 1, eff June 29, 2012.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
The 2011 amendment rewrote the section.
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 15 - Occupational Health And Safety › Section 41-15-600 to 41-15-640. Repealed by 2008 Act No. 188, Section 3, eff January 1, 2009.

Editor's Note
Former Section 41-15-600 was entitled "Occupational Health and Safety Review Board created; appointment, terms and compensation of members; chairman; duties generally" and was derived from 1983 Act No. 113 Section 1; 1993 Act No. 181, Section 978, eff February 1, 1994.
Former Section 41-15-610 was entitled "Hearings on citations, abatements and penalties; procedure; judicial review" and was derived from 1983 Act No. 113 Section 1; 1993 Act No. 181, Section 979, eff February 1, 1994.
Former Section 41-15-615 was entitled "Individuals, partnerships, corporations, or other business entities authorized to appear pro se" and was derived from 1990 Act No. 457, Section 1, eff May 3, 1990.
Former Section 41-15-620 was entitled "Personnel and facilities" and was derived from 1983 Act No. 113 Section 1; 1993 Act No. 181, Section 980, eff February 1, 1994.
Former Section 41-15-630 was entitled "Witnesses; discovery" and was derived from 1983 Act No. 113 Section 1.
Former Section 41-15-640 was entitled "Enforcement of witness attendance" and was derived from 1983 Act No. 113 Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-30. Applicability.

The provisions of this chapter do not apply to any facility installed in any single private dwelling residence or to facilities over which an agency of the federal government is asserting similar enforcement jurisdiction. Provisions of this chapter supersede similar provisions contained in building codes of this State or of any political subdivision of this State.
HISTORY: 1985 Act No. 103, Section 1.
Editor's Note
Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-40. Issuance of regulations.

1. The Director shall promulgate regulations governing maintenance, construction, alteration, and installation of facilities and the inspection and testing of new and existing installations as necessary to provide for the public safety and to protect the public welfare. These regulations include, but are not limited to, regulations providing for:
a. Classifications of types of facilities.
b. Maintenance, inspection, testing, and operation of the various classes of facilities.
c. Construction of new facilities.
d. Alteration of existing facilities.
e. Minimum safety requirements for all existing facilities.
f. Control or prevention of access to facilities, temporarily decommissioned facilities, or dormant facilities.
g. The reporting of accidents and injuries arising from the use of facilities.
h. Qualifications for obtaining a special inspector's license, revocation of a special inspector's license, disqualification of special inspectors, and ethics of special inspectors.
i. The adoption of procedures for the issuance of variances.
j. The amount of fees charged and collected for inspection, permits, and licenses. Fees must be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses.
2. Insofar as applicable, regulations adopted for facilities installed after January 1, 1986, must be based on the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, and supplements thereto, A.17.1. The Director shall promulgate regulations for facilities installed prior to January 1, 1986, according to the applicable provisions of the American National Standard Safety Code as he considers necessary. In promulgating regulations the Director may adopt the American National Standard Safety Code, or any part of it, by reference.
3. The Director shall furnish copies of the regulations promulgated by him to any person who requests them, without charge, or upon payment of a charge not to exceed the actual cost of printing of the regulations.
HISTORY: 1985 Act No. 103, Section 1; 1993 Act No. 102, Sections 5, 6, eff June 14, 1993.
Effect of Amendment
The 1993 amendment, in subsection 1, paragraph f., added ", temporarily decommissioned facilities," and, rewrote paragraph h, adding "special" before "inspector's license", and adding provision for revocation of special license.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-60. Registration of facilities.

Within three months after the date of promulgation of regulations under this chapter relating to registration of facilities, the owner of every existing facility, whether or not dormant, shall register each facility with the Director, giving type, contract load and speed, name of manufacturer, its location, and the purpose for which it is used and any other information the Director may require. Registration must be made on a form to be furnished by the department upon request. Facilities, the construction of which are commenced subsequent to the date of promulgation of those regulations, must be registered in the manner prescribed by the Director.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-70. Inspections.

All new and existing facilities, except dormant facilities, must be tested and inspected in accordance with the following schedule:
1. Every new or altered facility must be inspected and tested before the operating permit is issued.
2. Every existing facility registered with the Director must be inspected within one year after the effective date of the registration, except that the Director may, at his discretion, extend by regulation the time specified for making inspections.
3. Every facility must be inspected not less frequently than annually, except that the Director may adopt regulations providing for inspections of facilities at intervals other than annually.
4. The inspections required by items 1 to 3 of this section must be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the Director in lieu of a required inspection by an inspector.
5. A report of every inspection must be filed with the Director by the inspector or special inspector, on a form approved by and containing all information required by the Director, after the inspection has been completed and within the time provided by regulation, but not to exceed thirty days. The report shall include all information required by the Director to determine whether the owner of the facility has complied with applicable regulations. For the inspection required by item 1, the report shall indicate whether the facility has been installed in accordance with the detailed plans and specifications approved by the Director and meets the requirements of the applicable regulations.
6. In addition to the inspections required by items 1 to 3, the Director may provide by regulation for additional inspections he considers necessary to enforce the provisions of this chapter.
HISTORY: 1985 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 16 - South Carolina Elevator Code › Section 41-16-75. Special inspector prohibited from inspecting certain elevators.

It is unlawful for a special inspector to perform elevator inspections under this chapter or regulations promulgated pursuant to it on an elevator on which he or his employer has a current service or warranty contract.
HISTORY: 1995 Act No. 124, Section 1, eff June 12, 1995.