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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 71-411 - Abatement Verification

Current through Register Vol. 48, No. 6, June 28, 2024
PURPOSE: OSHA's inspections are intended to result in the
				  abatement of violations of the South Carolina Occupational Safety and Health
				  Act. This section sets forth the procedures OSHA will use to ensure abatement.
				  These procedures are tailored to the nature of the violation and the employer's
				  abatement actions.
A. Scope and
				application. This section applies to employers who receive a citation for a
				violation of the Occupational Safety and Health Act.
B. Abatement certification.
(1) Within 10 calendar days after the
				abatement date, the employer must certify to OSHA (The Agency) that each cited
				violation has been abated, except as provided in paragraph (B)(2) of this
				section.
(2) The employer is not
				required to certify abatement if the OSHA Compliance Officer, during the
				on-site portion of the inspection:
(a)
				Observes, within 24 hours after a violation is identified, that abatement has
				occurred; and
(b) Notes in the
				citation that abatement has occurred.
(3) The employer's certification that
				abatement is complete must include, for each cited violation, in addition to
				the information required by paragraph (G) of this section that affected
				employees and their representatives have been informed of the abatement.
Note to paragraph (B): Appendix A contains a sample abatement
				  certification letter.
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 › Appendix A - Sample Abatement Certification Letter (Non-mandatory)

Current through Register Vol. 48, No. 6, June 28, 2024
(Name), Administrator
S. C. Department of Labor, Licensing & Regulation OSHA
Address of the Area Office (on the citation)
[Company's Name]
[Company's Address]
The hazard referenced in Optional Report No. (insert 6-digit
				  #) for violation identified as: Citation [insert #] and item [insert #] was
				  corrected on [insert date] by:
_________________________________________________________________________________________
___________________________________________________________________
Citation [insert #] and item [insert #] was corrected on
				  [insert date] by:
_________________________________________________________________________________________
___________________________________________________________________
Citation [insert #] and item [insert #] was corrected on
				  [insert date] by:
_________________________________________________________________________________________
___________________________________________________________________
Citation [insert #] and item [insert #] was corrected on
				  [insert date] by:
_________________________________________________________________________________________
___________________________________________________________________
Citation [insert #] and item [insert #] was corrected on
				  [insert date] by:
_________________________________________________________________________________________
___________________________________________________________________
I attest that the information contained in this document is
				  accurate.
______________________________________________________________________________
Signature
______________________________________________________________________________
Typed or Printed Name
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 › Appendix B - Sample Abatement Plan or Progress Report (Non-mandatory)

Current through Register Vol. 48, No. 6, June 28, 2024
(Name), Administrator
S. C. Department of Labor, Licensing & Regulation - OSHA
				  Address of Area Office (on the citation)
[Company's Name]
[Company's Address]
Check one:
Abatement Plan [ ]
Progress Report [ ]
Optional Report Number
				  __________________________________________________________
Page __________________ of
				  ______________________________________________________
Citation Number(s)*
				  _____________________________________________________________
Item Number(s)*
				  ________________________________________________________________
Action Proposed Completion Completion Date (for
Date (for Abatement Progress reports only)
Plans only)
1. ____________________________ _____________________
				  ________________________ ________________________
2. ____________________________ _____________________
				  ________________________ ________________________
3. __________________________ ___________________
				  ______________________ ________________________
4. ____________________________ _____________________
				  ________________________
5. __________________________ ___________________
				  ______________________ ________________________
6. __________________________ ___________________
				  ______________________ ________________________
7. ____________________________ _____________________
				  ________________________ ________________________
Date required for final abatement:
				  _____________________________________________
I attest that the information contained in this document is
				  accurate.
Signature
______________________________________________________________________________
Typed or Printed Name
Name of primary point of contact for questions:
				  (optional)
Telephone Number:
				  ____________________________________________________________________
*Abatement plans or progress reports for more than one
				  citation item may be combined in a single abatement plan or progress report if
				  the abatement actions, proposed completion dates, and actual completion dates
				  (for progress reports only) are the same for each of the citation items.
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 › Appendix C - Sample Warning Tag (Nonmandatory)

Current through Register Vol. 48, No. 6, June 28, 2024
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South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-500 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
Section
				  41-15-210,
				  South Carolina Code of Laws, provides for the promulgation by the Commissioner
				  of Labor of Occupational Safety and Health Standards covering employment and
				  places of employment in businesses within the State of South Carolina. It
				  further authorizes the Commissioner of Labor to enforce these standards through
				  assessment of penalties for violations. The law also authorizes the
				  Commissioner of Labor to conduct inspections and to question employers and
				  employees. The purpose of this subarticle is to provide procedures and policies
				  for the enforcement of the inspections, investigations, issuance of citations
				  and proposed assessments of penalty provisions of the state laws and the rules
				  and regulations of the Commissioner.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-502 - Posting of Notice

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every
				employer subject to the occupational safety and health laws rules and
				regulations of the State of South Carolina shall post a conspicuous notice to
				be furnished by the State of South Carolina in a prominent place in each
				factory, plant, establishment, construction site or other area, workplace or
				environment where work is performed by an employee informing him of the
				protections and obligations provided for in the laws, rules and regulations,
				and that further information concerning the such laws, rules and regulations is
				available at the Department of Labor, State of South Carolina.
B. An employer failing to comply with the
				provisions of this regulation may be subject to citation and penalty, as
				provided in Section
				41-15-280
				and
				41-15-320,
				South Carolina Code of Laws.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-503 - Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
A. As provided for
				in Section
				41-15-260,
				South Carolina Code of Laws, the Commissioner, his representative, or Safety
				Specialist, may examine and inspect at reasonable hours, as often as
				practicable, all places, sites or areas where employment comes under the
				jurisdiction of the Commissioner for compliance with any and all rules and
				regulations promulgated under this Act.
B. The Commissioner of Labor may subpoena
				witnesses, take and preserve testimony, examine witnesses, administer oaths and
				enter any place, site or areas where employment comes under the jurisdiction of
				the Commissioner 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 ten (10) days of the receipt
				of such list.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-504 - Advance Notice of Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
A. No
				advance notice shall be given with regard to inspections except as shall be
				authorized by the Commissioner.
(1) Advance
				notice may be given in the case of apparent imminent danger to enable the
				employer to abate the danger as quickly as possible;
(2) Where the inspection will be conducted
				after regular business hours or in circumstances where special preparations are
				necessary for an inspection;
(3)
				Where reasonable necessary to assure the presence of representatives of the
				employer and employees or the appropriate personnel needed to aid in the
				inspection; and
(4) In other
				circumstances where the Commissioner in consultation with the Safety
				Specialist, determines that the giving of advance notice would enhance the
				probability of an effective and thorough inspection. Except in unusual
				circumstances, no notice of inspection shall be given more than 24 hours before
				an inspection is scheduled to take place.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-505 - Conduct of Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
A. Subject
				to R.
				71-503,
				inspections shall take place at such times and in such places of employment as
				the Commissioner may direct. Where appropriate reinspection may be directed to
				clarify questions, resolve objections or to ascertain if an employer has
				complied with an agreement or order to abate, or notice or abatement of a
				hazardous condition. Safety Specialists when making such inspections, shall
				present their credentials to the highest official of the employer available,
				explain the nature and purpose of the inspection, and indicate generally the
				scope of the inspection, those records he wishes to review and employees he
				wishes to question. However, designation of records or persons at this point
				shall not preclude access to additional records or questioning of additional
				persons if required in the opinion of the Safety Specialist.
B. The Safety Specialist or a designated
				representative of the Commissioner shall have authority to take photographs and
				samples, employ other reasonable investigative techniques, and to question
				privately any employer, owner, operator, agent, or employee of an
				establishment.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-506 - Representatives of Employers and Employees

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Safety Specialist shall be in charge
				of inspections and questioning of persons. A representative of the employer and
				a representative authorized by employees shall be afforded an opportunity to
				accompany a Safety Specialist during any inspection provided for under this
				subarticle for the purpose of aiding such inspections. In places of employment
				where groups of employees are represented by different representatives, a
				different employee representative for different phases of the inspection is
				acceptable to the extent it does not interfere with the inspection. In the
				interest of affording all employees an opportunity to be represented, more than
				one representative may accompany the Safety Specialist during any phase of the
				inspection, if the Safety Specialist so directs.
B. The Safety Specialist is authorized to
				deny the right of accompaniment under this regulation to any person whose
				conduct interferes with a fair and orderly investigation or as required with
				respect to security matters or trade secrets.
C. The provisions of R.
				71-505 and
				R. 71-506 shall be implemented so as to avoid any undue and unnecessary
				disruption of the normal operations of the employer's plant.
D. A representative of the employer and a
				representative authorized by his employees shall be given an opportunity to
				accompany the Commissioner, his assistant, or inspector, within limits of
				paragraphs A, B, and C above, during the physical inspection of any workplace
				for the purpose of aiding such inspection. No employee shall suffer any loss of
				wages or other benefits which would normally accrue to him because of his
				participation in the walk-around inspection. Such violations of this regulation
				shall be reported to the Commissioner of Labor. Where there is no authorized
				representative, the Commissioner, his assistant, or inspector shall consult
				with a reasonable number of employees concerning matters of health and safety
				in the workplace.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-507 - Consultation with Employees

Current through Register Vol. 48, No. 6, June 28, 2024
During an inspection any employee shall be afforded a
				  reasonable opportunity to consult the Safety Specialist in private. In those
				  cases where there is no authorized employee representative, the Safety
				  Specialist shall consult with a reasonable number of employees concerning
				  matters of safety and health in the workplace. In other circumstances, the
				  Safety Specialist may consult with a reasonable number of employees in each
				  workplace and work area concerning matters of occupational safety and health to
				  the extent necessary for the conduct of an effective investigation. Prior to,
				  during or subsequent to any inspection of a workplace, any employee or
				  representative of employees may notify the Commissioner or Safety Specialist of
				  any violation of the laws, rules or regulations which they have reason to
				  believe exists in such workplace.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-508 - Special Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
Any employee or representative of employees who believe that
				  a violation of a safety or health standard exists that threatens physical harm,
				  or that an imminent danger exists, may request an inspection by giving written
				  notice to the Commissioner or his authorized representative of such violation
				  or danger. Any such notice shall set forth with reasonable particularity the
				  grounds for the notice and whether it concerns an imminent danger. The notice
				  shall be in writing and signed by the employees or representatives of
				  employees, and a copy shall be provided the employer or his agent by the
				  Commissioner or his designated representative no later than at the time of
				  inspection, except that, upon the request of the person giving such notice, his
				  name and the names of individual employees referred to therein shall not appear
				  in such copy or on any record published, released, or made available by the
				  Department of Labor, State of South Carolina. If, upon receipt of such
				  notification, the Commissioner determines there are reasonable grounds to
				  believe that such violation or danger exists, he shall cause special inspection
				  to be made as soon as practicable to determine if such violation or danger
				  exists. In such inspections, the Safety Specialist shall not be limited to
				  matters referred to in the request for inspection.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-509 - Inspection Not Warranted

Current through Register Vol. 48, No. 6, June 28, 2024
Failure to Issue Citation. If, pursuant to R.
				  71-507
				  and R.
				  71-508 of
				  this subarticle, the Commissioner finds that a citation is not warranted with
				  respect to any notice of violation in writing by an employee or representative
				  of employees received under R.
				  71-508, he
				  shall notify such employee(s) or representative(s) in writing of the reason for
				  not issuing a citation or not conducting such inspection. Such employee(s) or
				  representative(s) shall, upon request, be given an opportunity to seek review
				  of such determination by stating his views in writing to the Commissioner.
				  After considering such views, the Commissioner may issue a citation, order a
				  reinspection, or reverse, affirm or modify the determination of the Director of
				  Inspections. The Commissioner shall furnish the employee(s) or
				  representative(s) of employees a written statement of the reasons for the final
				  disposition of the case.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-510 - Conclusion of Inspection

Current through Register Vol. 48, No. 6, June 28, 2024
Upon completion of an inspection provided for under this
				  part, the Safety Specialist shall confer with the employer or his
				  representative and informally advise the employer of apparent safety and health
				  violations disclosed by the investigation. As provided in Section
				  41-15-290,
				  South Carolina Code of Laws, if the Safety Specialist concluded that conditions
				  or practices exist which could reasonably be expected to cause death or serious
				  physical harm immediately or before the imminence of such danger can be
				  eliminated through enforcement procedures otherwise provided by State Laws,
				  rules and regulations, he shall immediately inform the employer of such danger.
				  If the employer does not immediately abate the danger, he shall inform the
				  Commissioner and the affected employee(s) of the danger. The Commissioner may
				  direct the Safety Specialist to Red Tag the area which contains such imminent
				  danger and no person shall enter the area without the permission of the
				  Commissioner except those persons entering the area for sole purpose of making
				  the area safe.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-511 - Objection to Inspection

Current through Register Vol. 48, No. 6, June 28, 2024
Upon refusal by any employer to permit a Safety Specialist to
				  enter into any place of employment or any place therein, or with respect to any
				  condition, structure, machine, apparatus, device, equipment or materials
				  therein, or to review any records, to question any employer, owner, operator,
				  agent, or employee, or to permit a representative of employees to accompany the
				  Safety Specialist during an inspection in accordance with the provision of R.
				  71-506,
				  the Safety Specialist shall terminate the inspection or he may confine the
				  inspection to other areas, structures, machines, records, or interviews
				  concerning which no objection is raised. The Safety Specialist shall
				  immediately report the refusal and the grounds to the Director of Inspections.
				  The Director of Inspections shall immediately consult with the Commissioner who
				  shall promptly seek appropriate compulsory process.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 5 - INSPECTIONS › Section 71-512 - Entry Not a Waiver of Cause of Action

Current through Register Vol. 48, No. 6, June 28, 2024
Any permission to enter, interrogate any person(s), or review
				  records shall not constitute a waiver of any cause of action, citation, or
				  penalty under the law, rules and regulation, and Safety Specialists are not
				  authorized to grant any such waiver.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 6 - SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR GENERAL INDUSTRY AND PUBLIC SECTOR MARINE TERMINALS

Current through Register Vol. 48, No. 6, June 28, 2024
NOTE--This subarticle is identical to the federal regulations
				contained in 29 CFR 1910, entitled "Occupational Safety and Health Standards
				for General Industry", except for the following modifications:
A. Subparts A and B of 29 CFR 1910 of federal
			 standards do not apply to South Carolina, except that Section 1910.19 in
			 Subpart B does apply.
B. Section
			 1910.7, the definition of "nationally recognized testing laboratory" has been
			 revised to read:
"'Nationally recognized testing laboratory' means an
				organization which has been evaluated and recognized by the U.S. Department of
				Labor, Occupational Safety and Health Administration (OSHA), in accordance with
				the requirements of
				29 CFR 1910.1
				and Appendix A of that section."
C. Section 1910.107(a)(2) has been revised to
			 read:
"1910.107(a)(2) Spraying area. Any area in which dangerous
				quantities of flammable or combustible vapors, mists, residues, dusts or
				deposits are present due to the operation of spray processes. A spray area
				shall include:
(i) The interior of
			 spray booths and rooms except as specifically provided in paragraph (j)(4) of
			 this section.
(ii) The interior of
			 ducts exhausting from spraying processes.
(iii) Any area in the direct path of spraying
			 operations."
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 7 - SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR THE CONSTRUCTION INDUSTRY

Current through Register Vol. 48, No. 6, June 28, 2024
NOTE
-This subarticle is identical to federal
				regulations contained in 29 CFR 1926, entitled "Occupational Safety and Health
				Standards for Construction", except for the following modifications:
A. Subparts A and B of 29 CFR 1926 of federal
			 standards do not apply to South Carolina.
B. Section 1926.20(a) has been revised to
			 read:
"1926.20(a) Contractor Requirements.
(1) No contractor or subcontractor for any
			 part of the contract work shall require any laborer or mechanic employed in the
			 performance of the contract to work in surroundings or under working conditions
			 which are unsanitary, hazardous, or dangerous to his health or
			 safety."
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-900 - General Policy

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Division of Occupational Safety and Health
				  (SC/OSH) access to employee medical records will in certain circumstances be
				  important to the agency's performance of its statutory functions. Medical
				  records, however, contain personal details concerning the lives of employees.
				  Due to the substantial personal privacy interests to personally identifiable
				  employee medical information will be exercised only after the agency has made a
				  careful determination of its need for this information, and only with
				  appropriate safeguards to protect individual privacy. Once this information is
				  obtained, SC/OSH examination and use of it will be limited to only that
				  information needed to accomplish the purpose for access. Personally
				  identifiable employee medical information will be retained by SC/OSH only for
				  so long as needed to accomplish the purpose for access, will be kept secure
				  while being used, and will not be disclosed to other agencies or members of the
				  public except in narrowly defined circumstances. This subarticle establishes
				  procedures to implement these policies.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-902 - Responsible Persons

Current through Register Vol. 48, No. 6, June 28, 2024
A. Commissioner
				of Labor. The Commissioner of Labor, State of South Carolina, shall be
				responsible for the overall administration and implementation of the procedures
				contained in this subarticle, including making final SC/OSH determinations
				concerning:
(1) Access to personally
				identifiable employee information (R.
				71-903),
				and
(2) inter-agency and federal
				agency transfer or public disclosure of personally identifiable employee
				medical information (R71-912).
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-903 - Written Access Orders

Current through Register Vol. 48, No. 6, June 28, 2024
A. Requirement
				for written access order. Except as provided in paragraph D of this regulation,
				each request by an SC/OSH or federal OSHA representative to examine or copy
				personally identifiable employee medical information contained in a record held
				by an employer or other recordholder shall be made pursuant to a written access
				order which has been approved by the Commissioner of Labor upon the
				recommendation of the SC/OSH Medical Records Officer. If deemed appropriate, a
				written access order may constitute, or be accompanied by, an administrative
				subpoena.
B. Approval criteria for
				written access order. Before approving a written access order, the Commissioner
				of Labor and the SC/OSH Medical Records Officer shall determine that:
(1) The medical information to be examined or
				copied is relevant to a statutory purpose and there is a need to gain access to
				this personally identifiable information, and
(2) the personally identifiable medical
				information to be examined or copied is limited to only that information needed
				to accomplish the purpose for access, and
(3) the personnel authorized to review and
				analyze the personally identifiable medical information are limited to those
				who have a need for access and have appropriate professional
				qualifications.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-904 - Presentation of Written Access Order and Notice to Employees

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Principal SC/OSH Investigator, or
				someone under his or her supervision, shall present at least two (2) copies
				each of the written access order and an accompanying cover letter to the
				employer prior to examining or obtaining medical information subject to a
				written access order. At lease one copy of the written access order shall not
				identify specific employees by direct personal identifier. The accompanying
				cover letter shall summarize the requirements of this subarticle and indicate
				that questions or objections concerning the written access order may be
				directed to the Principal SC/OSH Medical Records Officer.
B. The Principal SC/OSH Investigator shall
				promptly present a copy of the written access order (which does not identify
				specific employees by direct personal identifier) and its accompanying cover to
				each collective bargaining agent representing employees whose medical records
				are subject to the written access order.
C. The Principal SC/OSH Investigator shall
				indicate that the employer must promptly post a copy of the written access
				order which does not identify specific employees by direct personal identifier,
				as well as post its accompanying cover letter (See Subarticle 6, Section
				1910.20(e)(3)(ii)).
D. The
				Principal SC/OSH Investigator shall discuss with any collective bargaining
				agent and with the employer the appropriateness of individual notice to
				employees affected by the written access order. Where it is agreed that
				individual notice is appropriate, the Principal SC/OSH Investigator shall
				promptly provide to the employer an adequate number of copies of the written
				access order (which does not identify specific employees by direct personal
				identifier) and its accompanying cover letter to enable the employer either to
				individually notify each employee or to place a copy in each employee's medical
				file.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-905 - Objections concerning a Written Access Order

Current through Register Vol. 48, No. 6, June 28, 2024
All employee, collective bargaining agent, and employer
				  written objections concerning access to records pursuant to a written access
				  order shall be transmitted to the SC/OSH Medical Records Officer. Unless the
				  agency decides otherwise, access to the records shall proceed without delay
				  notwithstanding the lodging of an objection. The SC/OSH Medical Records Officer
				  shall respond in writing to each employee's written objection to OSHA access.
				  Where appropriate, the SC/OSH Medical Records Officer may revoke a written
				  access order and direct that any medical information obtained by it be returned
				  to the original recordholder or destroyed. The Principal SC/OSH Investigator
				  shall assure that such instructions by the SC/OSH Medical Records Officer are
				  promptly implemented.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-906 - Removal of Direct Personal Identifiers

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever employee medical information obtained pursuant to a
				  written access order is taken off-site with direct personal identifiers
				  included, the Principal SC/OSH Investigator shall, unless otherwise authorized
				  by the SC/OSH Medical Records Officer, promptly separate all direct personal
				  identifiers from the medical information, and code the medical information and
				  the list of direct identifiers with a unique identifying number for each
				  employee. The medical information with its numerical code shall thereafter be
				  used and kept secured as though still in a directly identifiable form. The
				  Principal SC/OSH Investigator shall also hand deliver or mail the list of
				  direct personal identifiers with their corresponding numerical codes to the
				  SC/OSH Medical Records Officer. The SC/OSH Medical Officer shall thereafter
				  limit the use and distribution of the list of coded identifiers to those with a
				  need to know its contents.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-907 - Internal Agency Use of Personally Identifiable Employee Medical Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Principal
				SC/OSH Investigator shall in each instance of access be primarily responsible
				for assuring that personally identifiable employee medical information is used
				and kept secured in accordance with this Article.
B. The Principal SC/OSH Investigator, the
				SC/OSH Medical Records Officer, the Commissioner of Labor, and any other
				authorized person listed on a written access order may permit the examination
				or use of personally identifiable employee medical information by agency
				employees and contractors who have a need for access, and appropriate
				qualifications for the purpose for which they are using the information. No
				SC/OSH or federal OSHA employee or contractor is authorized to examine or
				otherwise use personally identifiable employee medical information unless so
				permitted.
C. Where a need exists,
				access to personally identifiable employee medical information may be provided
				to attorneys in the South Carolina Attorney General's Office and in the Office
				of the Solicitor of the U.S. Department of Labor, and to agency contractors who
				are physicians or who have contractually agreed to abide by the requirements of
				this subarticle and implementing agency directives and instructions.
D. SC/OSH and federal OSHA employees and
				contractors are only authorized to use personally identifiable employee medical
				information for the purpose for which it was obtained, unless the specific
				written consent of an employee is obtained as to a secondary purpose, or the
				procedures of R.
				71-903
				through R.
				71-906
				of this subarticle are repeated with respect to the secondary
				purpose.
E. Whenever practicable,
				the examination of personally identifiable employee medical information shall
				be performed on-site with a minimum of medical information taken off-site in a
				personally identifiable form.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-908 - Security Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Agency
				files containing personally identifiable employee medical information shall be
				segregated from other agency files. When not in active use, files containing
				this information shall be kept secured in a locked cabinet or vault.
B. The SC/OSH Medical Records Officer and the
				Principal SC/OSH Investigator shall each maintain a log of uses and transfers
				of personally identifiable employee medical information and lists of coded
				direct personal identifiers, except as to necessary uses by staff under their
				direct personal supervision.
C. The
				photocopying or other duplication of personally identifiable employee medical
				information shall be kept to the minimum necessary to accomplish the purposes
				for which the information was obtained.
D. The protective measures established by the
				subarticle apply to all worksheets, duplicated copies, or other agency
				documents containing personally identifiable employee medical
				information.
E. Intra-agency
				transfers of personally identifiable employee medical information shall be by
				hand delivery, United State mail, or equally protective means. Inter-office
				mailing channels shall not be used.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-909 - Retention and Destruction of Records

Current through Register Vol. 48, No. 6, June 28, 2024
A. Consistent with SC/OSH record disposition
				procedures, personally identifiable employee medical information and list of
				coded direct personal identifiers shall be destroyed or returned to the
				original recordholder when no longer needed for the purposes for which they
				were obtained.
B. Personally
				identifiable employee medical information which is currently not being used
				actively but may be needed for future use shall be transferred to the SC/OSH
				Medical Records Officer. The SC/OSH Medical Records Officer shall conduct an
				annual review of all centrally-held information to determine which information
				is no longer needed for the purposes for which it was obtained.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-910 - Results of an Agency Analysis Using Personally Identifiable Employee Medical Information

Current through Register Vol. 48, No. 6, June 28, 2024
The SC/OSH Medical Record Officer shall, as appropriate,
				  assure that the results of an agency analysis using personally identifiable
				  employee medical information are communicated to the employees whose personal
				  medical information was used as a part of the analysis.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-911 - Annual Reports

Current through Register Vol. 48, No. 6, June 28, 2024
The SC/OSH Medical Records Officer shall on an annual basis
				  review SC/OSH's experience under this subarticle during the previous year, and
				  prepare a report to the Commissioner of Labor which shall be made available to
				  the public. This report shall discuss:
(1) the number of written access orders
				approved and a summary of the purposes for access,
(2) the nature and disposition of employee,
				collective bargaining agent, and employer written objections concerning SC/OSH
				access to personally identifiable employee medical information, and
(3) the nature and disposition of requests
				for inter-agency transfer or public disclosure of personally identifiable
				employee medical information.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 71-912 - Inter-Agency Transfer and Public Disclosure

Current through Register Vol. 48, No. 6, June 28, 2024
A. Personally identifiable employee medical
				information shall not be transferred to another agency or office outside of
				SC/OSH or disclosed to the public (other than to the affected employee or the
				original recordholder) except when required by law or when approved by the
				Commissioner of Labor.
B. Except as
				provided in paragraph C below, the Commissioner of Labor shall not approve a
				request for an inter-agency transfer of personally identifiable employee
				medical information, which has not been consented to by the affected employees,
				unless the request is by a public health agency which:
(1) needs the requested information in a
				personally identifiable form for a substantial public health purpose,
(2) will not use the requested information to
				make individual determinations concerning affected employees which could be to
				their detriment,
(3) has
				regulations or established written procedures providing protection for
				personally identifiable medical information substantially equivalent to that of
				this subarticle, and
(4) satisfies
				an exemption to the Privacy Act to the extent that the Privacy Act applies to
				the requested information (See
				5
				U.S.C. 552 ).
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1001 - Introductory Statement

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				South Carolina Occupational Safety and Health Act, Section
				41-15-210
				et. seq., Code of Laws of South Carolina, 1976, hereinafter referred to as the
				Act, is a State statute of general application designed to regulate employment
				conditions relating to occupational safety and health and to achieve safer and
				healthier workplaces throughout the State. Also under Section
				41-15-80
				et. seq., Code of Laws of South Carolina, 1976, every person who has employees
				is required to furnish each of his employees employment and a place of
				employment free from recognized hazards that are causing or likely to cause
				death or serious physical harm, and, further, to comply with occupational
				safety and health standards promulgated under the Act.
B. The Act provides, among other things, for
				the adoption of occupational safety and health standards, inspections and
				investigations of workplaces, and recordkeeping requirements. Enforcement
				procedures initiated by the Department of Labor, review proceedings before the
				Commissioner of Labor and his designated hearing officers, and express judicial
				review are provided under the Act. The Act reflects the General Assembly's
				policy of maintaining a state occupational safety and health program under the
				federal Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et
				seq.
C. Employees and
				representatives of employees are afforded a wide range of substantive and
				procedural rights under the Act. Moreover, effective implementation of the Act
				and achievement of its goals depend in large part upon the active but orderly
				participation of employees, individually and through their representatives at
				every level of safety and health activity.
D. This subarticle deals essentially with the
				rights of employees afforded under Section
				41-15-510,
				Code of Laws of South Carolina, 1976. Section
				41-15-510
				prohibits reprisals, in any form, against employees who exercise rights under
				the Act.
E. The South Carolina
				Occupational Safety and Health Program receives funding from the federal
				government and is subject to continuing evaluation by the United States
				Department of Labor. This subarticle, which is parallel to the federal
				anti-discrimination regulations, 29 CFR Part 1977, is thus promulgated to
				maintain compliance with federal law, including the grant program established
				by 29 U.S.C. Section 672(g).
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1002 - Purpose Of This Subarticle

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of this subarticle is to make available in one
				  place interpretations of the various provisions of Section
				  41-15-510
				  which will guide the Commissioner of Labor, his agents and designees in the
				  performance of their duties thereunder unless and until otherwise directed by
				  authoritative decisions of the courts, or concluding, upon reexamination of an
				  interpretation, that it is incorrect.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1003 - Requirements of Sections 41-15-510 and 41-15-520

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section
				41-15-510
				provides in general that no person shall discharge or in any manner
				discriminate against any employee because the employee has:
(1) Filed any complaint under or relating to
				the Act;
(2) Instituted or caused
				to be instituted any proceeding under or relating to the Act;
(3) Testified or is about to testify in any
				proceeding under or relating to the Act; or
(4) Exercised on his own behalf or on behalf
				of others any right afforded by the Act.