reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-81 - Term and Universal Life Insurance Reserve Financing

Current through Register Vol. 48, No. 6, June 28, 2024
Section I. Purpose and Intent.
The purpose and intent of this regulation is to establish
			 uniform, national standards governing reserve financing arrangements pertaining
			 to life insurance policies containing guaranteed nonlevel gross premiums,
			 guaranteed nonlevel benefits and universal life insurance policies with
			 secondary guarantees; and to ensure that, with respect to each such financing
			 arrangement, funds consisting of Primary Security and Other Security, as
			 defined in Section IV, are held by or on behalf of ceding insurers in the forms
			 and amounts required herein. In general, reinsurance ceded for reserve
			 financing purposes has one or more of the following characteristics: some or
			 all of the assets used to secure the reinsurance treaty or to capitalize the
			 reinsurer (1) are issued by the ceding insurer or its affiliates; or (2) are
			 not unconditionally available to satisfy the general account obligations of the
			 ceding insurer; or (3) create a reimbursement, indemnification or other similar
			 obligation on the part of the ceding insurer or any if its affiliates (other
			 than a payment obligation under a derivative contract acquired in the normal
			 course and used to support and hedge liabilities pertaining to the actual risks
			 in the policies ceded pursuant to the reinsurance treaty).
Section II. Applicability.
This regulation shall apply to reinsurance treaties that cede
			 liabilities pertaining to Covered Policies, as that term is defined in Section
			 IV.B, issued by any life insurance company domiciled in this state. This
			 regulation and Regulation
			 69-53 shall both apply to such reinsurance
			 treaties; provided, that in the event of a direct conflict between the
			 provisions of this regulation and Regulation
			 69-53, the provisions of this regulation
			 shall apply, but only to the extent of the conflict.
Section III. Exemptions from this Regulation.
This regulation does not apply to the situations described in
			 Subsections A through F.
A.
		  Reinsurance of:
(1) Policies that satisfy the
		  criteria for exemption set forth in Regulation
		  69-57
		  Section 6F or Regulation
		  69-57
		  Section 6G; and which are issued before the later of:
(a) The effective date of this regulation,
		  and
(b) The date on which the
		  ceding insurer begins to apply the provisions of VM-20 to establish the ceded
		  policies' statutory reserves, but in no event later than Jan 1, 2020;
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-100 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
Section
				  41-15-210,
				  South Carolina Code of Laws, provides that "the Commissioner of Labor 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."
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-101 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
These rules and regulations shall be applicable to all public
				  and private places of employment having one or more
				  employees.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-103 - Notice

Current through Register Vol. 48, No. 6, June 28, 2024
Prior to the promulgation, modification or revocation of any
				  rule or regulation the Commissioner shall conduct a hearing. Notice of such
				  hearing shall be published in at least one newspaper with general circulation
				  of the geographical areas in which the proposed rule or regulation will have
				  substantial impact at least ten (10) days before such hearing. The notice shall
				  contain the date, time, and place of the hearing and a brief description of the
				  proposed rule or regulation. Any person may appear and be given an opportunity
				  to oppose, recommend or endorse adoption of such promulgation, modification or
				  revocation.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-104 - Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
Section
				  41-15-220,
				  South Carolina Code of Laws, provides that, "Prior to the promulgation,
				  modification or revocation of any rule or regulation issued pursuant to this
				  act the Commissioner shall conduct a public hearing at which all interested
				  persons shall be provided an opportunity to appear and present their comments
				  either orally, written or both."
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-105 - Petition for the Issuance, Amendment, or Repeal of a Standard

Current through Register Vol. 48, No. 6, June 28, 2024
A. Petition. Any
				interested person may petition in writing to the Commissioner to promulgate,
				modify, or revoke a Standard. The petition should set forth the terms or the
				substance of the rules desired, the effects thereof if promulgated, and the
				reasons therefor.
B. Presentation
				of Comments. Within a reasonable time after the receipt of a submission
				pursuant to subparagraph A of this regulation, the Commissioner shall afford
				interested persons the opportunity to appear and present their comments either
				orally, written or both. Notice of the hearing shall be given as provided in R.
				71-103.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-106 - Amendments to Article and Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner may on his own motion modify or revoke any
				  rules and regulations contained in these subarticles or regulations. In the
				  event of conflict among any such rules and regulations, the Commissioner shall
				  take the action necessary to eliminate the conflict, including the revocation
				  or modification of a rule or regulation in this article, or regulation thereof,
				  so as to assure the greatest protection for the safety and health of
				  employees.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-107 - Applicability of Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Applicability to Employer. The Standards contained in these subarticles shall
				apply with respect to all employers in this State employing one (1) or more
				employees.
B. Applicability to
				Conditions, Practices, Etc. If a particular Standard is specifically applicable
				to a condition, practice, means, method, operation, or process, it shall
				prevail over any different general standard which might otherwise be applicable
				to the same condition, practice, means, method, operation, or
				process.
C. Specific vs General
				Standards. Any standard shall apply according to its terms to any employment
				and place of employment in any industry, even though particular standards are
				also prescribed for that particular industry.
D. Classes of Persons Protected by Standards.
				In the event a standard protects a class of persons larger than employees, the
				standard shall be applicable under these subarticles only to employees and
				their employment and places of employment.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-108 - Incorporation by Reference

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				standards of agencies of the U.S. Government which are legally incorporated by
				reference in this article, have the same force and effect as other standards in
				this article.
B. Copies of the
				standards which are incorporated by reference may be examined at the South
				Carolina Department of Labor, 3600 Forest Drive, Columbia, South Carolina.
				Copies of such private standards may be obtained from the issuing
				organizations. Their names and addresses are listed in the pertinent
				subarticles of this article, and can also be obtained from the South Carolina
				Department of Labor.
C. Any changes
				in the standards incorporated by reference in this article and an official file
				of such changes are available for inspection at the South Carolina Department
				of Labor, 3600 Forest Drive, Columbia, South Carolina.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-109 - Amendments to These Subarticles

Current through Register Vol. 48, No. 6, June 28, 2024
Any person may at any time petition the Commissioner in
				  writing to revise, amend, or revoke any provisions of these subarticles. The
				  petition shall set forth either the terms or the substance of the rule desired,
				  with a concise statement of the reason therefor and the effects
				  thereof.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-110 - Representatives of Commissioner Not To Be Required to Sign Statements

Current through Register Vol. 48, No. 6, June 28, 2024
No employer or employee representative shall, as a condition
				  precedent to the performing of an inspection at a place of employment, require
				  any representative whose purpose it is to make an inspection under these rules
				  and regulations to sign any statement, form or writing which is designed for
				  the purpose of the representative waiving of any right or restricting,
				  expanding or modifying any duty.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-111 - Confidentiality of Trade Secrets

Current through Register Vol. 48, No. 6, June 28, 2024
All information reported to or otherwise obtained by the
				  Commissioner or his representatives in connection with any inspection or
				  proceeding under these subarticles which contains or which might reveal a trade
				  secret shall be considered confidential. In any proceedings the Commissioner or
				  the court shall issue such orders as may be appropriate to protect the
				  confidentiality of trade secrets.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-112 - General Duty Clause

Current through Register Vol. 48, No. 6, June 28, 2024
A. Employers
				shall maintain a place of employment which is free of recognized hazards which
				may cause death or serious physical harm to his employees and he shall comply
				with this regulation and other occupational safety and health rules and
				regulations promulgated under Chapter 15 of Title 41, Code of Laws, State of
				South Carolina, 1976, as amended.
B. Each employee shall comply with
				occupational safety and health rules and regulations promulgated under Chapter
				15 of Title 41, Code of Laws, State of South Carolina, 1976, as amended; and,
				all employers' rules and regulations designed to protect him from recognized
				hazards for which there is no state occupational safety and health rule or
				regulation covering such situations.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 1 - GENERAL › Section 71-113 - Rules of Construction

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				prime contractor and any subcontractors may make their own arrangements with
				respect to obligations which might be more appropriately treated on a jobsite
				basis rather than individually. Thus, for example, the prime contractor and his
				subcontractors may wish to make an express agreement that the prime contractor
				or one of the subcontractors will provide all required first-aid or toilet
				facilities, thus relieving the subcontractors from actual, but not any legal
				responsibility (or, as the case may be, relieving the other subcontractors from
				actual, but not any legal responsibility). In no case shall the prime
				contractor be relieved of overall responsibility for compliance with the
				requirements of Subarticle 7 for all work to be performed under the
				contract.
B. By contracting for
				full performance of a contract, the prime contractor assumes all obligations
				prescribed as employer obligations under the standards contained in Subarticle
				7, whether or not he subcontracts any part of the work.
C. To the extent that a subcontractor of any
				tier agrees to perform any part of the contract, he also assumes responsibility
				for complying with the standards in Subarticle 7 with respect to this
				subarticle. Thus, the prime contractor assumes entire responsibility under the
				contract and the subcontractor assumes responsibility with respect to his
				portion of the work. With respect to subcontracted work, the prime contractor
				and any subcontractor shall be deemed to have joint responsibility.
D. Where joint responsibility exists, both
				the prime contractor and his subcontractor or subcontractors, regardless of
				tier, shall be considered subject to the enforcement provisions of the Rules
				and Regulations, Commissioner of Labor, State of South Carolina.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-200 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
This subarticle contains the rules of practice for
				  administrative proceedings.
A. To
				grant variances and other relief under the Safety and Health Laws, rules and
				regulations of the State of South Carolina, and
B. To provide limitations, variations,
				tolerances, and exemptions thereof.
C. These rules shall be construed to secure a
				prompt and just conclusion of proceedings subject thereto.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-202 - Amendments to This Subarticle

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner may at any time revise, amend, or revoke any
				  provision of this subarticle, on his own motion or upon the written petition of
				  any person.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-203 - Effect of Variances

Current through Register Vol. 48, No. 6, June 28, 2024
All variances granted pursuant to this Article shall have
				  only future effect. In his discretion, the Commissioner may decline to
				  entertain a petition for a variance on a subject or issue concerning which a
				  citation has been issued to the employer involved and a proceeding on the
				  citation or a related issue concerning a proposed penalty or period of
				  abatement is pending before the Commissioner until the completion of such
				  proceeding.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-204 - Public Notice of a Granted Variance, Limitation, Variation, Tolerance, or Exemption

Current through Register Vol. 48, No. 6, June 28, 2024
Every final action granting a variance, limitation,
				  variation, tolerance, or exemption will be kept on file in the Office of the
				  Commissioner, Department of Labor, Columbia, South Carolina.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-205 - Form of Petitions, Verification; Copies

Current through Register Vol. 48, No. 6, June 28, 2024
A. Forms of Petitions and Copies. No
				particular form is prescribed for petitions and other papers which may be filed
				in proceedings under this subarticle. However, any petition and others shall be
				filed with the Commissioner. The original shall be type-written. Clear carbon
				copies, or printed or processed copies are acceptable. (See R.
				71-206 and R.
				71-207
				B for contents.)
B. Verification.
				Every petition or other paper which is filed in proceedings under these
				subarticles shall be verified by the person filing same, his attorney or
				authorized representative.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-206 - Temporary Variances

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Petition for Temporary Variance. Any employer, or class of employers, desiring
				a variance from a standard, or portion thereof may file a written petition
				containing the information specified in paragraph B of this regulation with the
				Commissioner, Columbia, South Carolina.
B. Contents for Temporary Variance. A
				petition filed pursuant to paragraph A of this regulation shall include:
(1) The name and address of the
				petitioner;
(2) the address of the
				place or places of employment involved;
(3) a specification of the standard or
				portion thereof from which the petitioner seeks a variance;
(4) a representation by the petitioner,
				supported by representations from qualified persons having first-hand knowledge
				of the facts represented, that he is unable to comply with the standards or
				portion thereof by its effective date and detailed statement of the reasons
				thereof;
(5) a statement of the
				steps the petitioner has taken or will take with specific dates where
				appropriate, to protect employees against the hazard covered by the
				standard;
(6) a statement of when
				the petitioner expects to be able to comply with the standards and of what
				steps he has taken and will take, with specific dates where appropriate, to
				come into compliance with the standard;
(7) a statement of the facts the petitioner
				proposes to prove:
(a) The petitioner is
				unable to comply with a standard by its effective date because of
				unavailability of professional or technical personnel or of materials and
				equipment needed to come into compliance with the standard or because necessary
				construction or alternation of facilities cannot be completed by the effective
				date;
(b) He is taking all
				available steps to safeguard his employees against the hazards covered by the
				standard;
(c) He has an effective
				program for coming into compliance with the standard as quickly as
				practicable;
(8) Any
				request for a hearing, as provided in this subarticle;
(9) A statement that the petitioner has
				informed his affected employees of the application by giving a copy thereof to
				their authorized representative, posting a statement, giving a summary of the
				application and specifying where a copy may be examined, at the place or places
				where notices to employees are normally posted, and by other appropriate
				means;
(10) A description of how
				affected employees have been informed of the petition and of their rights to
				petition the Commissioner for a hearing.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-207 - Permanent Variances and other relief under section 41-15-250

Current through Register Vol. 48, No. 6, June 28, 2024
A. Petition for
				Permanent Variance. Any employer, or class of employers, desiring a variance
				authorized by Section
				41-15-250,
				South Carolina Code of Laws, may file a written petition containing the
				information specified in paragraph B of this regulation with the Commissioner
				of Labor, Department of Labor, Columbia, South Carolina.
B. Contents for Permanent Variances. A
				petition filed pursuant to paragraph A of this regulation shall include:
(1) The name and address of the
				petitioner;
(2) The address of the
				place or places of employment involved;
(3) A description of the conditions,
				practices, means, methods, operations, or processes used or proposed to be used
				by the petitioner;
(4) A statement
				showing how the conditions, practices, means, methods, operations, or processes
				used or proposed to be used would provide employment and places of employment
				to employees which are as safe and healthful as those required by the standard
				for which a variance is sought;
(5)
				A statement that the petitioner has informed his affected employees of the
				application by giving a copy thereof to their authorized representative,
				posting a statement, giving a summary of the application and specifying where a
				copy may be examined, at the place or places where notices to employees are
				normally posted, and by other appropriate means;
(6) Any request for a hearing, as provided in
				this subarticle; and
(7) A
				description of how employees have been informed of the petition and of their
				right to petition the Commissioner of Labor for a hearing.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-208 - Limitations, Variations, Tolerances, or Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Petition. Any person or class of persons
				desiring a limitation, variation, tolerance, or exemption may file a petition
				containing the information specified in paragraph B of this regulation with the
				Commissioner, Department of Labor, Columbia, South Carolina.
B. Contents. A petition filed pursuant to
				paragraph A of this regulation shall include:
(1) the name and address of the
				petitioner;
(2) the address of the
				place or places of employment involved;
(3) a specification of the provision of Rules
				and Regulations to or from which the petitioner seeks a limitation, variation,
				tolerance, or exemption;
(4) a
				representation showing that the limitation, variation, tolerance, or exemption
				sought is necessary and proper to avoid serious impairment of the national
				defense or State security;
(5) any
				request for a hearing, as provided in this subarticle;
(6) a description of how employees have been
				informed of the petition and of their right to petition the Commissioner for a
				hearing.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-209 - Modification, Revocation, and Renewal of Rules or Order

Current through Register Vol. 48, No. 6, June 28, 2024
A. Modification or Revocation. An affected
				employer or an affected employee may apply in writing to the Commissioner for a
				modification or revocation of a rule or order issued under this subarticle. The
				petition shall contain:
(1) the name and
				address of the petitioner;
(2) a
				description of the relief which is sought;
(3) a statement setting forth with
				particularity the grounds for relief;
(4) if the petitioner is an employer, a
				certification that the petitioner has informed his affected employees of the
				petition by:
(a) giving a copy thereof to
				their authorized representative; and
(b) posting at the place or places where
				notices to employees are normally posted, a statement giving a summary of the
				application and specifying where a copy of the full petition may be examined
				(or, in lieu of the summary, posting a copy of the petition);
(5) if the petitioner is an
				affected employee, a certification that a copy of the petition has been
				furnished to the employer;
(6) any
				request for a hearing as provided in this subarticle, R.
				71-218;
(7) the Commissioner may on his own motion
				proceed to modify or revoke a rule or order issued under this subarticle. In
				such event a copy shall be placed on file in the office of the Commissioner,
				Columbia, South Carolina, and the Commissioner shall publish in at least one
				newspaper with general circulation, a notice of his intentions, affording
				interested persons an opportunity to submit written or oral evidence, testimony
				or arguments regarding the proposal and informing them of their right to
				request a hearing, and shall take such action as may be appropriate to give
				actual notice to affected employees; and
(8) any request for a hearing shall include a
				clear and concise statement of:
(a) how the
				proposed modification or revocation would affect the petitioning party;
				and
(b) what the petitioning party
				would seek to show on the subjects or issues involved.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-210 - Action on Petitions

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Defective Petitions.
(1) If a petition filed
				pursuant to this subarticle does not conform to the applicable regulation, the
				Commissioner may deny the petition.
(2) Prompt notice of the denial of a petition
				shall be given to the petitioner.
(3) A notice of denial shall include, or be
				accompanied by, a brief statement of the grounds for the denial.
(4) A denial of a petition due to a defect
				shall not preclude the filing of another petition.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-211 - Request for Hearing on Petition

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Request for Hearing. Within fifteen (15) days of the notification of the filing
				of a petition, any affected employer or employee may file with the Commissioner
				a written request for a hearing.
B.
				Contents of a Request for a Hearing. A request for a hearing filed pursuant to
				paragraph A of this regulation shall include:
(1) a concise statement of facts showing how
				the employer or employee would be affected by the relief applied for;
(2) a specification of any statement or
				representation in the petition which is denied, and a concise summary of the
				evidence that would be adduced in support of each denial; and
(3) any views or arguments on any issue of
				fact or law presented.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-212 - Consolidation of Proceedings

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner on his own motion or that of any party may
				  consolidate two or more proceedings which involve the same or closely related
				  issues.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-213 - Notice of Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Service.
				Upon request for a hearing as provided in this subarticle, or upon his own
				initiative, the Commissioner shall serve, or caused to be served, a reasonable
				notice of hearing.
B. Contents of
				Notice. A notice of hearing served under paragraph A of this section shall
				include:
(1) The date, time and place of the
				hearing.
(2) The legal authority
				under which the hearing is to be held.
(3) A specification of issues of fact and
				law.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-214 - Manner of Service

Current through Register Vol. 48, No. 6, June 28, 2024
Service of any document upon any party may be made by
				  personal delivery of, or by certified mail, a copy of the document to the last
				  known address of the party. The person serving the document shall certify to
				  the manner and the date of the service.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-215 - Prehearing Conference

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Convening a Conference. Upon his own motion or the motion of a party, the
				Commissioner may direct the parties or their counsel to meet with him for a
				conference to consider:
(1) Simplification of
				issues;
(2) Necessity or
				desirability of amendments to documents for purposes of clarification, or
				limitation;
(3) Stipulations,
				admissions of fact, and of contents and authenticity of documents;
(4) Limitation of the number of parties and
				of expert witnesses; and
(5) Such
				other matters as may tend to expedite the disposition of the proceeding, and to
				assure a just conclusion thereof.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-216 - Consent Findings and Rules or Orders

Current through Register Vol. 48, No. 6, June 28, 2024
A. General. At any time before the reception
				of evidence in any hearing, or during any hearing a reasonable opportunity may
				be afforded to permit negotiation by the parties of any agreement containing
				consent findings and a rule or order disposing of the whole or any part of the
				proceeding. The allowance of such opportunity and the duration thereof shall be
				in the discretion of the Commissioner, after consideration of the nature of the
				proceeding, the requirements of the public interest, the representations of the
				parties, and the probability of an agreement which will result in a just
				disposition of the issues involved.
B. Contents. Any agreement containing consent
				findings and a rule or order disposing of a proceeding shall also provide:
(1) The rule or order shall have the same
				force and effect as if made after a full hearing;
(2) That the entire record on which any rule
				or order may be based shall consist solely of the petition and the
				agreement;
(3) A waiver of any
				further procedural steps before the Commissioner, and
(4) A waiver of any right to challenge or
				contest the validity of the findings and or the rules or order made in
				accordance with the agreement.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-217 - Discovery

Current through Register Vol. 48, No. 6, June 28, 2024
A. Depositions.
(1) For reasons of unavailability or for
				other good cause shown, the testimony of any witness may be taken by
				deposition. Depositions may be taken orally or upon written interrogatories
				before any person designated by the Commissioner and having power to administer
				oaths.
(2) Application. Any party
				desiring to take the deposition of a witness may make application in writing to
				the Commissioner setting forth:
(a) the
				reasons why such deposition should be taken;
(b) the time when, the place where, and the
				name and post office address of the person before whom the deposition is
				taken;
(c) the name and address of
				each witness; and
(d) the subject
				matter concerning which each witness is expected to testify.
(3) Notice. Such notice as the
				Commissioner may order shall be given by the party taking the deposition to
				every other party.
(4) Taking and
				Receiving in Evidence. Each witness testifying upon deposition shall be sworn,
				and the parties not calling him shall have the right to cross-examine him. The
				questions propounded and the answers thereto, together with all objections
				made, shall be reduced to writing, read to the witness, subscribed by him, and
				certified by the officer before whom the deposition is taken. Thereafter, the
				officer shall seal the deposition, with two copies thereof, in an envelope and
				mail same by registered mail to the Commissioner. Subject to such objections to
				the questions and answers as were noted at the time of taking the deposition
				and would be valid were the witness personally present and testifying, such
				deposition may be read and offered in evidence by the party taking it as
				against any party who was present, represented at the taking of the deposition,
				or who had due notice thereof. No part of a deposition shall be admitted in
				evidence unless there is a showing that the reasons for the taking of the
				deposition in the first instance existed at the time of hearing.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-218 - Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Order of
				Proceeding. Except as may be ordered otherwise by the Commissioner, the party
				petitioning for relief shall proceed first at a hearing.
B. Burden of Proof. The petitioner shall have
				the burden of proof.
C. Evidence.
(1) Admissibility-A party shall be entitled
				to present his case or defense by oral or documentary evidence, to submit
				rebuttal evidence, and to conduct such cross-examination as may be required for
				a full and true disclosure of the facts. Any oral or documentary evidence may
				be received, but the Commissioner shall exclude evidence which is irrelevant,
				immaterial, or unduly repetitious.
(2) Testimony of Witnesses-The testimony of a
				witness shall be upon oath or affirmation administered by the
				Commissioner.
(3) Objections-If a
				party objects to the admission or rejection of any evidence, or to the
				limitation of the scope of any examination or cross-examination, or to the
				failure to limit such scope, he shall state briefly the grounds for such
				objection. Rulings on all objections shall appear in the record. Only
				objections made before the Commissioner may be relied upon subsequently in a
				proceeding.
(4) Exceptions-Formal
				exception to an adverse ruling is not required.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-219 - Decisions of the Commissioner

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Within a reasonable time, the Commissioner shall make and serve upon each party
				his decision, which shall become final upon the 20th day after service thereof,
				unless exceptions are filed thereto, as provided in R.
				71-220. The
				decision of the Commissioner shall include:
(1) A statement of findings and conclusions,
				with reasons and bases therefor, upon each material issue of fact, law or
				discretion presented on the record, and
(2) The appropriate rule, order, relief, or
				denial thereof.
The decision of the Commissioner shall be based upon a
				  consideration of the whole record and shall state all facts officially noticed
				  and relied upon. It shall be made on the basis of a preponderance of reliable
				  and probative evidence.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-220 - Exceptions

Current through Register Vol. 48, No. 6, June 28, 2024
Within twenty (20) days after service of a decision of the
				  Commissioner, any party may file with the Commissioner written exceptions
				  thereto with supporting reasons. Such exceptions shall refer to the specific
				  findings of fact, conclusions of law, or terms of the rule or order excepted
				  to, the specific pages of transcript relevant to the suggestions, and shall
				  suggest corrected findings of fact, conclusions of law, or terms of the rule or
				  order. Upon receipt of any exceptions, the Commissioner shall fix a time for
				  filing any objections to the exceptions and any supporting reasons. Nothing
				  contained in this regulation shall preclude any grieved party from seeking
				  relief in any court of competent jurisdiction.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-221 - Public Notice of Petition for a Variance and Interim Order

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner of Labor will give notice in at least one
				  newspaper with general circulation in the State containing the following
				  information:
A. Variance Request.
(1) Name of the Company petitioning for the
				variance.
(2) The specific location
				of the facility directly affected by the Petition.
(3) The specific standard from which a
				variance is requested.
(4) That a
				copy of the petition will be made available for inspection and copying upon
				request at the Office of the Commissioner of Labor, Columbia, South
				Carolina.
(5) That interested
				persons, including employers and employees are invited to submit data, views,
				or arguments within 20 days following the date of the publication of
				notice.
(6) That employers and
				employees who believe they would be affected by a grant or denial of the
				variance may request a hearing on the petition for a variance within 20 days
				after the publication of the notice.
(7) A general description of the reason or
				reasons for the variance request.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-222 - Variances from Recordkeeping Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner of Labor will not entertain an application
				  for a variance from a Recordkeeping Requirement. Any request so received by the
				  Commissioner will be transmitted to the Secretary of Labor for his action. The
				  State of South Carolina will honor any variance granted by the Secretary of
				  Labor.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA › Section 71-223 - Variances Granted by the Secretary of Labor

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner of Labor will honor and give full faith and
				  credit to any temporary or permanent variance from an occupational safety and
				  health standard which has or may be granted by the Secretary of Labor. In order
				  that such variance be honored by the Commissioner, it is and will be incumbent
				  upon the employer to file the final rule or order of the Secretary of Labor
				  with the Commissioner of Labor at his office in Columbia, South
				  Carolina.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart A - Purpose › Section 71-300 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of this rule (Subarticle 3) is to require
					 employers to record and report work-related fatalities, injuries, and
					 illnesses.
Note to 71-300: Recording or reporting a work-related
					 injury, illness, or fatality does not mean that the employer or employee was at
					 fault, that an OSHA rule has been violated, or that the employee is eligible
					 for workers' compensation or other benefits. (Cross Reference: 1904.0)
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart B - Scope › Section 71-301 - Partial exemption for employers with 10 or fewer employees

Current through Register Vol. 48, No. 6, June 28, 2024
(a)  Basic
				  requirement
(1) If your company had ten (10)
				  or fewer employees at all times during the last calendar year, you do not need
				  to keep OSHA injury and illness records unless OSHA or the BLS informs you in
				  writing that you must keep records under 71-341 or 71-342. However, as required
				  by 71-339, all employers covered by the OSH Act must report to OSHA any
				  work-related incident that results in a fatality, the inpatient hospitalization
				  of one or more employees, an employee amputation, or an employee loss of an
				  eye.
(2) If your company had more
				  than ten (10) employees at any time during the last calendar year, you must
				  keep OSHA injury and illness records unless your establishment is classified as
				  a partially exempt industry under 71-302.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart B - Scope › Section 71-302 - Partial exemptions for establishments in certain industries

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement.
(1) If your business
				  establishment is classified in a specific industry group listed in appendix A
				  to this Subpart B, you do not need to keep OSHA injury and illness records
				  unless the government asks you to keep the records under Sections
				  71-341
				  or 71-342. However, all employers must report to OSHA any workplace incident
				  that results in an employee's fatality, in-patient hospitalization, amputation,
				  or loss of an eye (see Section
				  71-339).
(2) If one or more of your company's
				  establishments are classified in a non-exempt industry, you must keep OSHA
				  injury and illness records for all of such establishments unless your company
				  is partially exempted because of size under 71-301.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart C - Recording Criteria › Section 71-304 - Recording criteria

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement. Each employer required by this Part to keep records of fatalities,
				  injuries, and illnesses must record each fatality, injury and illness that:
(1) Is work-related; and
(2) Is a new case; and
(3) Meets one or more of the general
				  recording criteria of 71-307 or the application to specific cases of 71-308
				  through 71-312.