reglab/statecodes huggingface dataset:
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 71-306 - Determination of new cases

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement. You must consider an injury or illness to be a "new case" if:
(1) The employee has not previously
				  experienced a recorded injury or illness of the same type that affects the same
				  part of the body, or
(2) The
				  employee previously experienced a recorded injury or illness of the same type
				  that affected the same part of the body but had recovered completely (all signs
				  and symptoms had disappeared) from the previous injury or illness and an event
				  or exposure in the work environment caused the signs or symptoms to
				  reappear.
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 71-307 - General recording criteria

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Basic requirement. You must consider an injury or illness to meet the general
				  recording criteria, and therefore to be recordable, if it results in any of the
				  following: death, days away from work, restricted work or transfer to another
				  job, medical treatment beyond first aid, or loss of consciousness. You must
				  also consider a case to meet the general recording criteria if it involves a
				  significant injury or illness diagnosed by a physician or other licensed health
				  care professional, even if it does not result in death, days away from work,
				  restricted work or job transfer, medical treatment beyond first aid, or loss of
				  consciousness.
(b) Implementation.
(1) How do I decide if a case meets one or
				  more of the general recording criteria? A work-related injury or illness must
				  be recorded if it results in one or more of the following:
(i) Death. See 71-307(b)(2).
(ii) Days away from work. See
				  71-307(b)(3).
(iii) Restricted work
				  or transfer to another job. See 71-307(b)(4).
(iv) Medical treatment beyond first aid. See
				  71-307(b)(5).
(v) Loss of
				  consciousness. See 71-307(b)(6).
(vi) A significant injury or illness
				  diagnosed by a physician or other licensed health care professional. See
				  71-307(b)(7).
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 71-308 - Recording criteria for needlestick and sharps injuries

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement. You must record all
				  work-related needlestick injuries and cuts from sharp objects that are
				  contaminated with another person's blood or other potentially infectious
				  material (as defined by
				  29 CFR
				  1910.1030 ). You must enter the case on the
				  OSHA 300 Log as an injury. To protect the employee's privacy, you may not enter
				  the employee's name on the OSHA 300 Log (see the requirements for privacy cases
				  in paragraphs, 71-329(b)(6) through 71-329(b)(9)).
(b) Implementation.
(1) What does "other potentially infectious
				  material" mean? The term "other potentially infectious materials" is defined in
				  the OSHA Bloodborne Pathogens standard at 1910.1030(b). These materials
				  include:
(i) Human bodily fluids, tissues and
				  organs, and
(ii) Other materials
				  infected with the HIV or hepatitis B (HBV) virus such as laboratory cultures or
				  tissues from experimental animals.
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 71-309 - Recording criteria for cases involving medical removal under OSHA standards

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement. If an employee is medically removed under the medical surveillance
				  requirements of an OSHA standard, you must record the case on the OSHA 300
				  Log.
(b) Implementation.
(1) How do I classify medical removal cases
				  on the OSHA 300 Log? You must enter each medical removal case on the OSHA 300
				  Log as either a case involving days away from work or a case involving
				  restricted work activity, depending on how you decide to comply with the
				  medical removal requirement. If the medical removal is the result of a chemical
				  exposure, you must enter the case on the OSHA 300 Log by checking the
				  "poisoning" column.
(2) Do all of
				  OSHA's standards have medical removal provisions? No, some OSHA standards, such
				  as the standards covering bloodborne pathogens and noise, do not have medical
				  removal provisions. Many OSHA standards that cover specific chemical substances
				  have medical removal provisions. These standards include, but are not limited
				  to lead, cadmium, methylene chloride, formaldehyde, and benzene.
(3) Do I have to record a case where I
				  voluntarily removed the employee from exposure before the medical removal
				  criteria in an OSHA standard is met? No, if the case involves voluntary medical
				  removal before the medical removal levels required by an OSHA standard, you do
				  not need to record the case on the OSHA 300 Log. (Cross Reference:
				  1904.9)
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 71-311 - Recording criteria for work-related tuberculosis cases

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement. If any of your
				  employees has been occupationally exposed to anyone with a known case of active
				  tuberculosis (TB), and that employee subsequently develops a tuberculosis
				  infection, as evidenced by a positive skin test or diagnosis by a physician or
				  other licensed health care professional, you must record the case on the OSHA
				  300 Log by checking the "respiratory condition" column.
(b) Implementation.
(1) Do I have to record, on the Log, a
				  positive TB skin test result obtained at a pre-employment physical? No, you do
				  not have to record it because the employee was not occupationally exposed to a
				  known case of active tuberculosis in your workplace.
(2) May I line-out or erase a recorded TB
				  case if I obtain evidence that the case was not caused by occupational
				  exposure? Yes, you may line-out or erase the case from the Log under the
				  following circumstances:
(i) The worker is
				  living in a household with a person who has been diagnosed with active
				  TB;
(ii) The Public Health
				  Department has identified the worker as a contact of an individual with a case
				  of active TB unrelated to the workplace; or
(iii) A medical investigation shows that the
				  employee's infection was caused by exposure to TB away from work, or proves
				  that the case was not related to the workplace TB exposure. (Cross Reference:
				  1904.11)
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-330 - Multiple business establishments

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement. You must keep a
				  separate OSHA 300 Log for each establishment that is expected to be in
				  operation for one year or longer.
(b) Implementation.
(1) Do I need to keep OSHA injury and illness
				  records for short-term establishments (i.e., establishments that will exist for
				  less than a year)? Yes, however, you do not have to keep a separate OSHA 300
				  Log for each such establishment. You may keep one OSHA 300 Log that covers all
				  of your short-term establishments. You may also include the short-term
				  establishments' recordable injuries and illnesses on an OSHA 300 Log that
				  covers short-term establishments for individual company divisions or geographic
				  regions.
(2) May I keep the records
				  for all of my establishments at my headquarters location or at some other
				  central location? Yes, you may keep the records for an establishment at your
				  headquarters or other central location if you can:
(i) Transmit information about the injuries
				  and illnesses from the establishment to the central location within seven (7)
				  calendar days of receiving information that a recordable injury or illness has
				  occurred; and
(ii) Produce and send
				  the records from the central location to the establishment within the time
				  frames required by 71-335 and 71-340 when you are required to provide records
				  to a government representative, employees, former employees or employee
				  representatives.
(3) Some
				  of my employees work at several different locations or do not work at any of my
				  establishments at all. How do I record cases for these employees? You must link
				  each of your employees with one of your establishments, for recordkeeping
				  purposes. You must record the injury and illness on the OSHA 300 Log of the
				  injured or ill employee's establishment or on an OSHA 300 Log that covers that
				  employee's short-term establishment.
(4) How do I record an injury or illness when
				  an employee of one of my establishments is injured or becomes ill while
				  visiting or working at another of my establishments, or while working away from
				  any of my establishments? If the injury or illness occurs at one of your
				  establishments, you must record the injury or illness on the OSHA 300 Log of
				  the establishment at which the injury or illness occurred. If the employee is
				  injured or becomes ill and is not at one of your establishments, you must
				  record the case on the OSHA 300 Log at the establishment at which the employee
				  normally works. (Cross Reference: 1904.30)
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-331 - Covered employees

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement. You must record on the OSHA 300 Log the recordable injuries and
				  illnesses of all employees on your payroll, whether they are labor, executive,
				  hourly, salary, part-time, seasonal, or migrant workers. You also must record
				  the recordable injuries and illnesses that occur to employees who are not on
				  your payroll if you supervise these employees on a day-to-day basis. If your
				  business is organized as a sole proprietorship or partnership, the owner or
				  partners are not considered employees for recordkeeping purposes.
(b) Implementation.
(1) If a self-employed person is injured or
				  becomes ill while doing work at my business, do I need to record the injury or
				  illness? No, self-employed individuals are not covered by the OSHA Act or this
				  regulation.
(2) If I obtain
				  employees from a temporary help service, employee leasing service, or personnel
				  supply service; do I have to record an injury or illness occurring to one of
				  those employees? You must record these injuries and illnesses if you supervise
				  these employees on a day-to-day basis.
(3) If an employee in my establishment is a
				  contractor's employee, must I record an injury or illness occurring to that
				  employee? If the contractor's employee is under the day-to-day supervision of
				  the contractor, the contractor is responsible for recording the injury or
				  illness. If you supervise the contractor employee's work on a day-to-day basis,
				  you must record the injury or illness.
(4) Must the personnel supply service,
				  temporary help service, employee leasing service, or contractor also record the
				  injuries or illnesses occurring to temporary, leased or contract employees that
				  I supervise on a day-to-day basis? No, you and the temporary help service,
				  employee leasing service, personnel supply service, or contractor should
				  coordinate your efforts to make sure that each injury and illness is recorded
				  only once; either on your OSHA 300 Log (if you provide day-to-day supervision)
				  or on the other employer's OSHA 300 Log (if that company provides day-to-day
				  supervision). (Cross Reference: 1904.31)
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-332 - Annual summary

Current through Register Vol. 48, No. 6, June 28, 2024
(a)  Basic
				  requirement. At the end of each calendar year, you must:
(1) Review the OSHA 300 Log to verify that
				  the entries are complete and accurate, and correct any deficiencies
				  identified;
(2) Create an annual
				  summary of injuries and illnesses recorded on the OSHA 300 Log;
(3) Certify the summary; and
(4) Post the annual summary.
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-333 - Retention and updating

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement. You must save the OSHA 300 Log, the privacy case list (if one
				  exists), the annual summary, and the OSHA 301 Incident Report forms for five
				  (5) years following the end of the calendar year that these records
				  cover.
(b) Implementation.
(1) Do I have to update OSHA 300 Log during
				  the five-year storage period? Yes, during the storage period, you must update
				  your stored OSHA 300 Logs to include newly discovered recordable injuries or
				  illnesses and to show any changes that have occurred in the classification of
				  previously recorded injuries and illnesses. If the description or outcome of a
				  case changes, you must remove or line out the original entry and enter the new
				  information.
(2) Do I have to
				  update the annual summary? No, you are not required to update the annual
				  summary, but you may do so if you wish.
(3) Do I have to update the OSHA 301 Incident
				  Reports? No, you are not required to update the OSHA 301 Incident Reports, but
				  you may do so if you wish. (Cross Reference: 1904.33)
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-334 - Change in business ownership

Current through Register Vol. 48, No. 6, June 28, 2024
If your business changes ownership, you are responsible for
					 recording and reporting work-related injuries and illnesses only for that
					 period of the year during which you owned the establishment. You must transfer
					 the Subarticle 3 records to the new owner. The new owner must save all records
					 of the establishment kept by the prior owner, as required by 71-333 of this
					 Part, but need not update or correct the records of the prior owner. (Cross
					 Reference: 1904.34).
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-335 - Employee involvement

Current through Register Vol. 48, No. 6, June 28, 2024
(a)  Basic
				  requirement. Your employees and their representatives must be involved in the
				  recordkeeping system in several ways.
(1) You
				  must inform each employee of how he or she is to report a work-related injury
				  or illness to you.
(2) You must
				  provide employees with the information described in paragraph (b)(1)(iii) of
				  this section.
(3) You must provide
				  access to your injury and illness records for your employees and their
				  representatives as described in paragraph (b)(2) of this section.
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-336 - Prohibition against discrimination

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to Section
					 71-335,
					 section 11(c) of the OSH Act also prohibits you from discriminating against an
					 employee for reporting a work-related fatality, injury, or illness. That
					 provision of the Act also protects the employee who files a safety and health
					 complaint, asks for access to the Subarticle 3 records, or otherwise exercises
					 any rights afforded by the OSH Act. (Cross Reference:
					 1904.36)
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 D - Other OSHA Injury and Illness Recordkeeping Requirements › Section 71-337 - State recordkeeping regulations

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				   Basic requirement. Some States operate their own OSHA programs,
				  under the authority of a State plan as approved by OSHA. States operating
				  OSHA-approved State plans must have occupational injury and illness recording
				  and reporting requirements that are substantially identical to the requirements
				  in this part (see
				  29 CFR
				  1902.3(j), 29 CFR 1902.7,
				  and
				  29 CFR
				  1956.10(i) ).
(b) Implementation.
(1) State-Plan States must have the same
				  requirements as Federal OSHA for determining which injuries and illnesses are
				  recordable and how they are recorded.
(2) For other Subarticle 3 provisions (for
				  example, industry exemptions, reporting of fatalities and hospitalizations,
				  record retention, or employee involvement), State-Plan State requirements may
				  be more stringent than or supplemental to the Federal requirements, but because
				  of the unique nature of the national recordkeeping program, States must consult
				  with and obtain approval of any such requirements.
(3) Although State and local government
				  employees are not covered Federally, all State-Plan States must provide
				  coverage, and must develop injury and illness statistics, for these workers.
				  State Plan recording and reporting requirements for State and local government
				  entities may differ from those for the private sector but must meet the
				  requirements of paragraphs 71-337(b)(1) and (b)(2).
(4) A State Plan State may not issue a
				  variance to a private sector employer and must recognize all variances issued
				  by Federal OSHA.
(5) A State Plan
				  State may only grant an injury and illness recording and reporting variance to
				  a state or local government employer within the State after obtaining approval
				  to grant the variance from Federal OSHA. (Cross-Reference: 1904.37)
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 E - Reporting Fatality, Injury and Illness Information to the Government › Section 71-339 - Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement.
(1) Within eight (8) hours after the death of
				  any employee as a result of a work-related incident, you must report the
				  fatality to the South Carolina Occupational Safety and Health Administration
				  (SC OSHA), Division of the South Carolina Department of Labor, Licensing and
				  Regulation, Columbia, South Carolina, 29211.
(2) Within twenty-four (24) hours after the
				  in-patient hospitalization of one or more employees or an employee's amputation
				  or an employee's loss of an eye, as a result of a work-related incident, you
				  must report the in-patient hospitalization, amputation, or loss of an eye to SC
				  OSHA.
(3) You must report the
				  fatality, in-patient hospitalization, amputation, or loss of an eye using one
				  of the following methods:
(i) By telephone
				  (1-803-896-7672) or in person to the South Carolina OSHA Office.
(ii) By telephone to the OSHA toll-free
				  central telephone number, 1-800-321-OSHA (1-800-321-6742).
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 E - Reporting Fatality, Injury and Illness Information to the Government › Section 71-340 - Providing records to government representatives

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement. When an authorized
				  government representative asks for the records you keep under Subarticle 3, you
				  must provide copies of the records within four (4) business hours.
(b) Implementation.
(1) What government representatives have the
				  right to get copies of my Subarticle 3 records? The government representatives
				  authorized to receive the records are:
(i) A
				  representative of the Secretary of Labor conducting an inspection or
				  investigation under the Act;
(ii) A
				  representative of the Secretary of Health and Human Services (including the
				  National Institute for Occupational Safety and Health-NIOSH) conducting an
				  investigation under section 20(b) of the Act, or
(iii) A representative of a State agency
				  responsible for administering a State plan approved under section 18 of the
				  Act.
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 E - Reporting Fatality, Injury and Illness Information to the Government › Section 71-341 - Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirements
(1) Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses.
(i) If your establishment had 20-249 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.
(ii) If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and illnesses to OSHA and OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the 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 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart E - Reporting Fatality, Injury and Illness Information to the Government › Section 71-342 - Requests from the Bureau of Labor Statistics for data

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement. If you receive a
				  Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor
				  Statistics (BLS), or a BLS designee, you must promptly complete the form and
				  return it following the instructions contained on the survey form.
(b) Implementation.
(1) Does every employer have to send data to
				  the BLS? No, each year the BLS sends injury and illness survey forms to
				  randomly selected employers and uses the information to create the Nation's
				  occupational injury and illness statistics. In any year, some employers will
				  receive a BLS survey form and others will not. You do not have to send injury
				  and illness data to the BLS unless you receive a survey form.
(2) If I get a survey form from the BLS, what
				  do I have to do? If you receive a Survey of Occupational Injuries and Illnesses
				  Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must
				  promptly complete the form and return it, following the instructions contained
				  on the survey form.
(3) Do I have
				  to respond to a BLS survey form if I am normally exempt from keeping OSHA
				  injury and illness records? Yes, even if you are exempt from keeping injury and
				  illness records under 71-301 to 71-303, the BLS may inform you in writing that
				  it will be collecting injury and illness information from you in the coming
				  year. If you receive such a letter, you must keep the injury and illness
				  records required by 71-305 to 71-315 and make a survey report for the year
				  covered by the survey.
(4) Do I
				  have to answer the BLS survey form if I am located in a State-Plan State? Yes,
				  all employers who receive a survey form must respond to the survey, even those
				  in State-Plan States. (Cross Reference: 1904.42)
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 F - Transition From the Former Rule › Section 71-343 - Summary and posting of the 2001 data

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic requirement. If you were required
				  to keep OSHA 200 Logs in 2001, you must post a 2000 annual summary from the
				  OSHA 200 Log of occupational injuries and illnesses for each
				  establishment.
(b) Implementation.
(1) What do I have to include in the summary?
(i) You must include a copy of the totals
				  from the 2001 OSHA 200 Log and the following information from that form:
(A) The calendar year covered;
(B) Your company name;
(C) The name and address of the
				  establishment; and
(D) The
				  certification signature, title and date.
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 F - Transition From the Former Rule › Section 71-344 - Retention and updating of old forms

Current through Register Vol. 48, No. 6, June 28, 2024
You must save your copies of the OSHA 200 and 101 forms for
					 five years following the year to which they relate and continue to provide
					 access to the data as though these forms were the OSHA 300 and 301 forms. You
					 are not required to update your old 200 and 101 forms. (Cross Reference:
					 1904.44)
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 G - Definitions › Section 71-346 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The Act. The Act means the Occupational Safety and Health
					 Act of Section
					 41-15-210
					 et. seq., Code of Laws of South Carolina, 1976. The definitions contained in
					 Regulations Chapter 71, Article 1, Code of Laws of South Carolina and related
					 interpretations apply to such terms when used in this Subarticle 3.
Establishment. An establishment is a single physical
					 location where business is conducted or where services or industrial operations
					 are performed. For activities where employees do not work at a single physical
					 location, such as construction; transportation; communications, electric, gas
					 and sanitary services; and similar operations, the establishment is represented
					 by main or branch offices, terminals, stations, etc. that either supervise such
					 activities or are the base from which personnel carry out these
					 activities.
(1) Can one business
				  location include two or more establishments? Normally, one business location
				  has only one establishment. Under limited conditions, the employer may consider
				  two or more separate businesses that share a single location to be separate
				  establishments. An employer may divide one location into two or more
				  establishments only when:
(i) Each of the
				  establishments represents a distinctly separate business;
(ii) Each business is engaged in a different
				  economic activity;
(iii) No one
				  industry description in the North American Industry Classification System
				  (2007) codes applies to the joint activities of the establishments;
				  and
(iv) Separate reports are
				  routinely prepared for each establishment on the number of employees, their
				  wages and salaries, sales or receipts, and other business information. For
				  example, if an employer operates a construction company at the same location as
				  a lumber yard, the employer may consider each business to be a separate
				  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 4 - ENFORCEMENT OF VIOLATIONS › Section 71-401 - Citation; Notice of De Minimis Violation

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Compliance Manager or his designee
				shall review the report of inspection of each OSH Compliance Officer. If the
				report indicates a violation of the state statutes or rules and regulations,
				there shall be issued to each employer, by certified mail or by personal
				service, a citation(s). Any citation shall be issued with reasonable promptness
				after the termination of the inspection. No citation shall be issued after the
				expiration of six (6) months following the occurrence of any violation.
				Citations shall detail the conditions and circumstances of the violation, and
				refer to applicable statutes, rules and regulations or order alleged to have
				been violated. The citation shall also fix a reasonable time for abatement of
				the violation(s). Where a citation is issued as a result of a request for
				inspection under Subarticle 5, R.71-508,
				copies of the citation shall also be provided to the employee or employee
				representative who made such request. If appropriate, a citation will be issued
				to an employer even where the employer abates immediately.
B. Notice of De Minimis Violation. The
				Compliance Manager or his designee shall review the report of inspection of
				each OSH Compliance Officer. If the report indicates a violation of the state
				statutes or rules and regulations which have no direct or immediate
				relationship to safety or health, the Compliance Manager may issue a notice of
				de minimis violation if he shall determine that such notice shall be beneficial
				to the health and safety of employees. Such notice of de minimis violation
				shall be in the form of a recommendation only and may not be
				contested.
C. While the issuance of
				a citation is the agency's determination, it does not constitute a
				determination that a violation of state statutes or rules and regulations has
				occurred, but it is an allegation that such may have occurred, unless there is
				a failure to contest as provided for in accordance with Articles 3 and 5 of
				Chapter 23, Title 1 and the rules of the Administrative Law Court, or, if
				contested, unless the violation is determined to have existed by a final order
				of the Administrative Law Court or by a final adjudication in the courts of
				this State.
D. No citation may be
				issued to an employer because of a rescue activity undertaken by an employee of
				that employer with respect to an individual in imminent danger unless:
(1)
(a) such
				employee is designated or assigned by the employer to have responsibility to
				perform or assist in rescue operations; and
(b) the employer fails to provide protection
				of the safety and health of such employee, including failing to provide
				appropriate training and rescue equipment; or
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 71-402 - Penalty

Current through Register Vol. 48, No. 6, June 28, 2024
A. After, or
				concurrent with, the issuance of a citation, and within a reasonable time of
				the inspection, the Compliance Manager, or his designee, shall notify the
				employer by certified mail or by personal service of the penalty under Section
				41-15-300,
				Code of Laws of South Carolina, 1976, as amended, or that no penalties are
				assessed.
B. The Compliance Manager
				or his designee shall determine the amount of any penalty, giving due
				consideration to the appropriateness of the penalty with respect to the size of
				the business of the employer being charged, the gravity of the violation, the
				good faith of the employer, and the history of previous violations in
				accordance with Section
				41-15-320,
				Code of Laws of South Carolina, 1976, as amended.
C. Appropriate penalties may be assessed with
				respect to alleged violations even though after being informed of such an
				alleged violation by the OSH Compliance Officer, the employer immediately
				abates or initiates steps to abate such violation. A penalty shall not be
				assessed for de minimis violations.
D. While the issuance of an assessed penalty
				is the agency's determination, it does not constitute an obligation unless
				there is a failure to contest the assessed penalty as provided in accordance
				with Articles 3 and 5 of Chapter 23, Title 1 and the rules of the
				Administrative Law Court, or, if contested, unless the assessed penalty is
				determined to be an obligation under Section
				41-15-320,
				Code of Laws of South Carolina, 1976, as amended, by an Order of the
				Administrative Law Court or upon final adjudication in the courts of this
				State.
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 71-403 - Posting of Citation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon
				receipt of a citation under the Act, the employer shall immediately post such
				citation, or a copy thereof, unedited, at or near each place an alleged
				violation referred to in the citation occurred, except as provided below.
				Where, because of the nature of the employer's operations, it is not practical
				to post the citation at or near each place of alleged violation, such citation
				shall be posted, unedited, in a prominent place where it will be readily
				observable by all affected employees. The employer shall take steps to ensure
				that the citation is not altered, defaced, or covered by other material.
				Notices of de minimis violations need not be posted.
B. Each citation, or a copy thereof, shall
				remain posted until the violation has been abated, or for three working days,
				whichever is later. The filing by the employer of a request for a contested
				case hearing under R.71-407
				and R.R.71-408
				shall not affect his posting responsibility under these sections.
C. Any employer failing to comply with the
				provisions of paragraphs A and B of this regulation shall be subject to
				citation and penalty in accordance with the provisions of Section
				41-15-320,
				Code of Laws of South Carolina, 1976, as amended.
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 71-404 - Failure to Correct Violation for Which Citation Has Been Issued

Current through Register Vol. 48, No. 6, June 28, 2024
A. If any
				subsequent inspection discloses that an employer has failed to correct an
				alleged violation for which a citation has been issued within the period
				permitted for its correction, the Compliance Manager or his designee shall
				notify the employer by certified mail or by personal service of such failure
				and of the penalty assessed under Section
				41-15-320,
				South Carolina Code of Laws, 1976, as amended, by reason of such failure, and
				of a later date after which an additional penalty may be assessed for continued
				failure to correct the violation.
B. Any employer receiving a notification of
				penalties for failure to abate violations and notification of penalty may
				notify the Administrator, in writing, that he intends to contest such citation
				or notification of penalty. Such right to contest notification of failure to
				correct a violation or assessed penalty may be made by the employer, by
				notifying the Administrator, in writing. Such request for a contested case
				hearing shall comply with Articles 3 and 5 of Chapter 23, Title 1 and the rules
				of the Administrative Law Court.
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 71-406 - Informal Conference

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Authority. At the request of either the employer, an affected employee, or
				representative of employees, the Informal Conference Hearing Officer or his
				designee may hold an informal conference for the purpose of discussing any
				issues raised by an inspection, citation, notice of penalty, or notification of
				failure to abate violation. The settlement of any issue at such conference
				shall be subject to these rules and regulations of procedure. If the conference
				is requested by the employer, an affected employee or his representative shall
				be afforded an opportunity to participate, at the discretion of the
				Administrator or his designee. Any party may be represented by legal counsel.
				No such conference or request for conference shall operate as a stay of the
				thirty (30) day period for filing a request for a contested case hearing, and
				no such conference or request for conference will be held or accepted
				subsequent to receipt of a request for a contested case hearing as defined in
				Articles 3 and 5 of Chapter 23, Title 1 and the rules of the Administrative Law
				Court.
B. Informal Conference
				Procedures-If the request for a contested case hearing is not filed pursuant to
				subsection A., the Informal Conference procedure is as follows:
1. Requesting Informal Conference. Request
				for an informal conference may be made orally or in writing to the Informal
				Conference Hearing Officer.
2.
				Location. Informal conferences shall be conducted by the Informal Conference
				Hearing Officer and held at the South Carolina Department of Labor, Licensing,
				and Regulation. At the request of an employer, an alternate site may be
				designated upon approval by the Administrator.
3. Time. Informal conferences will be
				scheduled upon request. All conferences will be held and decisions rendered
				within the thirty (30) day contest period.
4. Decision. A decision of the Informal
				Conference Hearing Officer or his designee will be made at the close of the
				informal conference and communicated promptly to the parties as close to the
				informal conference as possible and within the thirty (30) day contest
				period.
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 71-407 - Employer or Employee Contest

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Any employer to whom a citation or notice of penalty has been issued may
				request a contested case hearing in which it does contest such citation,
				proposed penalty, abatement date, or any combination thereof in accordance with
				the rules of procedure of Articles 3 and 5 of Chapter 23, Title 1 and the rules
				of the Administrative Law Court. The request for a contested case hearing shall
				be filed within thirty (30) days after the receipt of the citation issued by
				the Compliance Manager. The employer shall provide a copy of the filed request
				for a contested case hearing to the Compliance Manager.
B. Any employee or any employee
				representative of an employer to whom a citation or notice of penalty has been
				issued, may request for a contested case hearing in which it does contest such
				abatement date in accordance with the rules of procedure of Articles 3 and 5 of
				Chapter 23, Title 1 and the rules of the Administrative Law Court. The employee
				or any employee representative of an employer shall provide a copy of the filed
				request for a contested hearing to the Administrator.
C. Where the employer, employee or employee
				representative fails to file a request for a contested case hearing pursuant to
				the rules of procedure of the Administrative Law Court, the citation and
				penalty shall be deemed a final order not subject to administrative
				review.
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 71-408 - Request for a Contested Case Hearing; Posting

Current through Register Vol. 48, No. 6, June 28, 2024
A. Request for a contested case hearing;
				posting.
1. In the event that there are any
				affected employees who are not represented by an authorized employee
				representative, the employer shall, immediately upon receipt of notice of the
				docketing of the request for a contested case hearing, post where the citation
				is required to be posted, a copy of the request for a contested case hearing
				and a notice informing such affected employees of their right to party status
				and of the availability of all pleadings for inspection and copying at
				reasonable times.
2. The authorized
				employee representative, if any, shall be served with a copy of the request for
				a request for a contested case hearing.
3. Where a request for a contested case
				hearing is filed by an affected employee who is not represented by an
				authorized employee representative and there are other affected employees who
				are represented by an authorized employee representative, the unrepresented
				employee shall serve a copy of his notice on the authorized employee
				representative and shall file proof of such service in a manner prescribed in
				subsection D.1. of this section.
4.
				Where a request for a contested case hearing is filed by an affected employee
				or an authorized employee representative, a copy of the request for a contested
				case hearing and response filed in support thereof shall be provided to the
				employer for posting in the manner prescribed in paragraph A.1. of this
				rule.
5. An authorized employee
				representative who files a request for a contested case hearing shall be
				responsible for serving any other authorized employee representative whose
				members are affected employees in a manner prescribed in subsection D.1. of
				this section.
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 71-409 - Failure to Contest

Current through Register Vol. 48, No. 6, June 28, 2024
Where the employer, employee or employee representative fails
				  to file a request for a contested case hearing pursuant to the rules of
				  procedure of the Administrative Law Court, the citation and penalty shall be
				  deemed a final order of the Director not subject to administrative review
				  unless good cause is shown for such failure. Where the filing of request for a
				  contested case hearing is made later than the period specified, the Director
				  may nevertheless waive his objection to the late contest, if he finds that
				  there was good cause for such delay and that the delay was not
				  excessive.
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 71-410 - Withdrawal, Modification or Amendment to Citation and Penalty

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Occupational
				Safety and Health Division of the South Carolina Department of Labor, Licensing
				and Regulation may withdraw, modify or amend a citation and/or penalty during
				the thirty (30) day contest period.
B. After the expiration of the thirty (30)
				day period or after a request for a contested case hearing has been filed and
				provided to the Administrator or his designee, the Administrator may on his own
				motion withdraw, modify or amend a citation and/or penalty, provided the same
				does not unduly prejudice the position of any party.
C. After the request for contested case
				hearing is filed and received by the Administrative Law Court, any action to
				withdraw, modify, or amend a citation or penalty shall be according to the
				rules of the Administrative Law Court.