South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 4 - ENFORCEMENT OF VIOLATIONS › Section 71-405 - Petition for Modification of Abatement

Current through Register Vol. 48, No. 6, June 28, 2024
A. Filing. If the employer has made a good
				faith effort to comply with the abatement period, but has not been able to do
				so by the prescribed date because of factors beyond his control, he may file a
				petition for modification of abatement. The petition must be filed with the
				Compliance Manager or his designee no later than the end of the next working
				day following the date on which abatement was to have been completed. The
				petition shall state why the abatement cannot be completed within the
				prescribed time, the steps taken to achieve compliance, and what interim steps
				are being taken to protect the employees from the cited hazard. Affected
				employees and their authorized representative (if any) must be also notified in
				writing of the petition by posting of the petition at the same location the
				citation is posted, and the petition shall remain posted for a period of ten
				(10) days.
B. Incomplete Petition
				for Modification of Abatement. Should a petition for modification of abatement
				be submitted to the Compliance Manager, or his designee, which does not meet
				the requirements of this regulation, the Compliance Manager, or his designee,
				shall immediately notify the employer of the deficiency and may allow up to an
				additional five (5) days to meet the requirements.
C. Objections to Petition for Modification of
				Abatement. Affected employees or their authorized representative may file an
				objection in writing to a petition for modification of abatement with the
				Compliance Manager. Failure to file such objection within ten (10) days of the
				date of posting of such petition or of service upon an authorized
				representative shall constitute a waiver of any further right to object to the
				petition unless good cause is shown for such failure.
D. Decision. The Compliance Manager or his
				designee may issue a decision, served by certified mail, after ten (10) days.
				The decision of the Compliance Manager or his designee to accept or deny the
				petition for modification of abatement may be contested by the employer or
				affected employee; or within thirty (30) days from receipt of the decision, it
				may be contested to the Administrative Law Court.
E. Service. Unless otherwise ordered, service
				to the Department may be accomplished by postage prepaid first class mail or by
				personal delivery. Service is deemed effective at the time of mailing (if by
				mail) or at the time of personal delivery (if by personal delivery). Service
				and notice to employees represented by an authorized employee representative
				shall be deemed accomplished in the manner prescribed in paragraph B of this
				regulation
F. Failure to File
				Timely. Where the employer fails to file with the Compliance Manager or his
				designee, a petition for modification of abatement within the time prescribed
				in paragraph A of this regulation, the abatement period shall be deemed a final
				order of the Compliance Manager or his designee unless good cause is shown for
				such failure. Where any filing required by this regulation is made later than
				the period specified herein, the Compliance Manager or his designee may
				consider the merits of the objection or petition if he finds that there was a
				good cause for such delay and that such delay was not excessive. If the
				Compliance Manager or his designee shall determine that there was not good
				cause or that the delay was excessive, he shall recommend the denial of and
				thereby object to the petition for modification of abatement in accordance with
				paragraph D of this regulation.