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 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1004 - Persons Prohibited from Discriminating

Current through Register Vol. 48, No. 6, June 28, 2024
Section
				  41-15-510
				  specifically states that "no person shall discharge or in any manner
				  discriminate against any employee" because the employee has exercised rights
				  under the Act. The term "person" is used here in the same sense as in Section
				  11(c) of the federal OSHA Act, 29 U.S.C. Section 660(c), and is defined in 29
				  U.S.C. Section 652(4) as "one or more individuals, partnerships, associations,
				  corporations, business trusts, legal representatives, or any group of persons".
				  Consequently, the prohibitions of Section 11(c) are not limited to actions
				  taken by employers against their own employees. A person may be chargeable with
				  discriminatory action against an employee of another person. Section
				  41-15-510
				  would extend to such entities as organizations representing employees for
				  collective bargaining purposes, employment agencies, or any person in a
				  position to discriminate against an employee. See Meek v. United States, 136
				  F.2d 679 (6th Cir., 1943); Bowe v. Judson C. Burns, 137 F.2d 37 (3rd Cir.,
				  1943).
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1005 - Persons Protected by Section 41-15-510

Current through Register Vol. 48, No. 6, June 28, 2024
A. All employees are afforded the full
				protection of Section
				41-15-510.
				The Act does not define the term "employee". However, the broad remedial nature
				of this legislation demonstrates a clear legislative intent that the existence
				of an employment relationship, for purposes of Section
				41-15-510,
				is to be based upon economic realities rather than upon common law doctrines
				and concepts. See U.S. v. Silk, 331 U.S. 704(1947); Rutherford Food Corporation
				v. McComb, 331 U.S. 722(1947).
B.
				For purposes of Section
				41-15-510,
				even an applicant for employment could be considered an employee. See NLRB v.
				Lamar Creamery, 246 F.2d 8 (5th Cir., 1957). Further, because Section
				41-15-510
				speaks in terms of any employee, it is also clear that the employee need not be
				an employee of the discriminator. The principal consideration would be whether
				the person alleging discrimination was an "employee" at the time of engaging in
				protected activity.
C. Section
				41-15-210
				makes it clear that the protection of the Act extends to employees in both the
				public and private sectors. Employees of the State, its departments and
				political subdivisions, as well as employees of municipalities and other
				governmental entities, are protected by Section
				41-15-510.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1006 - Unprotected Activities Distinguished

Current through Register Vol. 48, No. 6, June 28, 2024
A. Actions taken by an employer, or others,
				which adversely affect an employee may be predicated upon nondiscriminatory
				grounds. The proscriptions of Section
				41-15-510
				apply when the adverse action occurs because the employee has engaged in
				protected activities. An employee's engagement in activities protected by the
				Act does not automatically render him immune from discharge or discipline for
				legitimate reasons, or from adverse action dictated by non-prohibited
				considerations. See NLRB v. Dixie Motor Coach Corp., 128 F.2d 201 (5th Cir.,
				1942).
B. At the same time, to
				establish a violation of Section
				41-15-510,
				the employee's engagement in protected activity need not be the sole
				consideration behind discharge or other adverse action. If protected activity
				was a substantial reason for the action, or if the discharge or other adverse
				action would not have taken place "but for" engagement in protected activity,
				Section
				41-15-510
				has been violated. See Mitchell v. Goodyear Tire & Rubber Co., 278 F.2d 562
				(8th cir., 1960); Goldberg v. Bama Manufacturing, 302 F.2d 152 (5th Cir.,
				1962). Ultimately, the issue as to whether a discharge was because of protected
				activity will have to be determined on the basis of the facts in the particular
				case.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1009 - Complaints Under or Relating to the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. Discharge of, or discrimination against,
				an employee because the employee has filed "any complaint. . . under or
				relating to" occupational safety and health statutes, rules, or regulations is
				prohibited by Section
				41-15-510.
				An example of a complaint made "under" the Act would be an employee request for
				inspection pursuant to Section
				41-15-260.
				However, this would not be the only type of complaint protected by Section
				41-15-510.
				The range of complaints "relating to" the Act is commensurate with the broad
				remedial purposes of this legislation and the sweeping scope of its
				application, which entails the full extent of the State's police power. (Cf.
				Cong. Rec., vol. 116 p. 42206 Dec. 17, 1970).
B. Complaints registered with other State
				agencies which have the authority to regulate or investigate occupational
				safety and health conditions are complaints "relating to" this Act. Likewise,
				complaints made to Federal or local agencies regarding occupational safety and
				health conditions would be "relating to" the Act. Such complaints, however,
				must relate to conditions at the workplace, as distinguished from complaints
				touching only upon general public safety and health.
C. Further, the salutory principles of the
				Act would be seriously undermined if employees were discouraged from lodging
				complaints about occupational safety and health matters with their employers.
				Such complaints to employers, if made in good faith, therefore would be
				relating to the Act, and an employee would be protected against discharge or
				discrimination caused by a complaint to the employer.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1010 - Proceedings Under or Relating to the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. Discharge of, or discrimination against,
				any employee because the employee has "instituted, or caused to be instituted,
				any proceeding under or relating" to job safety and health is also prohibited
				by Section
				41-15-510.
				Examples of proceedings which could arise specifically under the occupational
				safety and health statutes, rules, or regulations would include, but not
				necessarily be limited to, the following: inspections of worksites under
				Section
				41-15-260
				of the Act; proceedings to contest any citation, penalty, period of abatement,
				or other acts of the Commissioner under Section
				41-15-310;
				proceedings to revoke or modify a variance under Section
				41-15-250;
				proceedings for a writ of mandamus concerning imminently dangerous conditions
				under Section
				41-15-290(d);
				proceedings before the courts of common pleas for review of any order or
				findings of the Commissioner under Section
				41-15-310;
				proceedings in opposition to a modification of an abatement period under R.
				71-405(C)
				of Subarticle 4; informal conferences under R.
				71-406 of
				Subarticle 4; and, of course, proceedings to remedy prior discrimination under
				Section
				41-15-520
				of the Act.
B. Section
				41-15-510
				also protects employees who bring about proceedings "relating to" occupational
				safety and health statutes, rules, or regulations. A wide variety of
				proceedings in addition to those set forth above relate to job safety and or
				health. Such proceedings would include, but not be limited to, federal
				proceedings under the Occupational Safety and Health Act of 1970, 29 U.S.C.
				Section 651 et. seq., proceedings by other State agencies with jurisdiction
				over safety and health matters affecting employees, proceedings involving the
				Department of Labor or allied agencies under the general administrative law of
				the State (e.g., Section
				1-23-150
				or
				30-4-30(c),
				Code of Laws of South Carolina, 1976, as amended), and any private legal
				remedies which an employee may have. The determination of whether any other
				proceeding relates to job safety or health must be made on a case-by-case
				basis. The considerations discussed in R.
				71-1009
				would be applicable.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1011 - Testimony

Current through Register Vol. 48, No. 6, June 28, 2024
Discharge of, or discrimination against, any employee because
				  the employee has "testified, or is about to testify" in proceedings under or
				  relating to the Act is also prohibited by Section
				  41-15-510.
				  This protection would, of course, not be limited to testimony in proceedings
				  instituted or caused to be instituted by the employee, but would extend to any
				  statements given in the course of judicial, quasi-judicial, and administrative
				  proceedings, including inspections, investigations, and administrative rule
				  making or adjudicative functions. If the employee is giving or is about to give
				  testimony in any proceeding under or relating to the Act, he would be protected
				  against discrimination resulting from such testimony.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1015 - Filing Of Complaint For Discrimination

Current through Register Vol. 48, No. 6, June 28, 2024
A. Who may file. A complaint of Section
				41-15-510
				discrimination may be filed by the employee himself, or by a representative
				authorized to do so on this behalf.
B. Nature of filing. No particular form of
				complaint is required.
C. Place of
				filing. Complaint should be filed with the Commissioner of Labor, Post Office
				Box 11329, Columbia South Carolina 29211.
D. Time for filing.
(1) Section
				41-15-520
				provides that an employee who believes that he has been discriminated against
				in violation of Section
				41-15-510
				"may, within 30 days after such violation occurs," file a complaint with the
				Commissioner of Labor.
(2) A major
				purpose of the 30-day period in this provision is to allow the Commissioner to
				decline to entertain complaints which have become stale. Accordingly complaints
				not filed within 30 days of an alleged violation will ordinarily be presumed to
				be untimely.
(3) However, there may
				be circumstances which would justify tolling of the 30-day period on recognized
				equitable principles or because of strongly extenuating circumstances, e.g.,
				where the employer has concealed, or misled the employee regarding the grounds
				for discharge or other adverse action; where the employee has, within the
				30-day period, resorted in good faith to grievance-arbitration proceedings
				under a collective bargaining agreement or filed a complaint regarding the same
				general subject with another agency; or where the discrimination is in the
				nature of a continuing violation. In the absence of circumstances justifying a
				tolling of the 30-day period, untimely complaints will not be
				processed.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1016 - Investigation Of Complaint

Current through Register Vol. 48, No. 6, June 28, 2024
If the Commissioner or his designee determines that a
				  complaint appears to allege discrimination on the basis of activity protected
				  by Section
				  41-15-510,
				  he shall cause an investigation to be made of the facts relating to such
				  alleged discrimination. The Commissioner or his designee shall utilize any
				  powers granted by statute in aid of such investigations, including but not
				  limited to the use of subpoenas, entry upon premises, and other powers set
				  forth in Section
				  41-3-110,
				  Code of Laws of South Carolina, 1976.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1017 - Withdrawal Of Complaint

Current through Register Vol. 48, No. 6, June 28, 2024
Enforcement of the provisions of Section
				  41-15-510
				  is not only a matter of protecting rights of individual employees, but also of
				  public interest. Attempts by an employee to withdraw previously filed complaint
				  will not necessarily result in termination of the Commissioner's investigation.
				  The Commissioner's jurisdiction cannot be foreclosed as a matter of law by
				  unilateral action of the employee. However, a voluntary and uncoerced request
				  from a complainant to withdraw his complaint will be given careful
				  consideration and substantial weight as a matter of policy and sound
				  enforcement procedure.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1018 - Arbitration Or Other Agency Proceedings

Current through Register Vol. 48, No. 6, June 28, 2024
A. General.
(1) An employee who files a complaint under
				Section
				41-15-510
				of the Act may also pursue remedies under grievance arbitration proceedings in
				collective bargaining agreements. In addition, the complainant may concurrently
				resort to other agencies for relief, such as the National Labor Relations
				Board. The Commissioner's jurisdiction to entertain Section
				41-15-510
				complaints, to investigate, and to determine whether discrimination has
				occurred, is independent of the jurisdiction of other agencies or bodies. The
				Commissioner may file action in the Court of Common Pleas regardless of the
				pendency of other proceedings.
(2)
				However, the Commissioner also recognizes the State and national policies
				favoring voluntary resolution of disputes under the procedures in collective
				bargaining agreements. See e.g., Boy's Markets, Inc. v. Retail Clerks, 398 U.S.
				235(1970); Republic Steel Corp. v. Maddox, 379 U.S. 650(1965); Carey v. Westing
				house Electric Co., 375 U.S. 261(1964); Collier Insulated Wire, 192 NLRB No.
				150 (1971). Cf. Section
				41-17-10
				et. seq., Code of Laws of South Carolina, 1976. By the same token, due
				deference should be paid to the jurisdiction of other forums established to
				resolve disputes which may also be related to Section
				41-15-510.
(3) Where a complainant is in fact pursuing
				remedies other than those provided by Section
				41-15-510,
				postponement of the Commissioner's determination and deferral to the results of
				such proceedings may be in order. See Burlington Truck Lines, Inc., v. U.S.,
				371 U.S. 156(1962).
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1019 - Walkaround Pay Disputes

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner recognizes the essential nature of employee
				  participation on walkaround inspections under Section
				  41-15-260
				  of the Act. Employees constitute a vital source of information to
				  representatives of the Commissioner concerning the presence of workplace
				  hazards. Employees should be able to freely exercise their statutory right to
				  participate in walkarounds without fear of economic loss, such as the denial of
				  pay for the time spent assisting OSHA compliance personnel during workplace
				  inspections. Moreover, the employer is prohibited by statute from withholding
				  wages or benefits for the time an employee is engaged in walkaround
				  accompaniment, Section
				  41-3-70,
				  Code of Laws of South Carolina, 1976. Therefore, in order to insure the
				  unimpeded flow of information to the Commissioner's inspectors, as well as the
				  unfettered statutory right of employees to participate in walkaround
				  inspections, an employer's failure to pay employees for time during which they
				  are engaged in walkaround inspections is discriminatory under Section
				  41-15-510.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1020 - Employee Refusal To Comply With Safety Rules

Current through Register Vol. 48, No. 6, June 28, 2024
Employees who refuse to comply with occupational safety and
				  health standards or valid safety rules implemented by the employer in
				  furtherance of the Act are not exercising any rights afforded by the Act.
				  Disciplinary measures taken by employers solely in response to employee refusal
				  to comply with appropriate safety and health rules and regulations will not
				  ordinarily be regarded as discriminatory action prohibited by Section
				  41-15-510.
				  This situation should be distinguished from refusals to work, as discussed in
				  R.
				  71-1012
				  of this subarticle.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT › Section 71-1021 - Federal Jurisdiction

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				provisions of Section
				41-15-510
				and of this subarticle do not divest the United States Secretary of Labor or
				federal district courts of jurisdiction over employee complaints of
				discrimination under 29 U.S.C. Section 660(c). However, the United States
				Department of Labor may refer complaints alleging such discrimination to the
				South Carolina Department of Labor for investigation and appropriate action.
				Such complaints shall be evaluated (and, if appropriate, investigated and
				prosecuted) in the same manner as complaints of similar nature filed initially
				with the State. In such cases, the date of filing with the United States
				Department of labor shall be considered the filing date for purposes of the
				30-day limitation in Section
				41-15-520
				(See R.
				1015D(3) of this subarticle).
B. Because the provisions of this subarticle
				are designed to provide protection for employees parallel to that provided in
				29 CFR Part 1977, federal evaluation and investigate of a discrimination
				complaint would normally be expected to result in the same determination as
				that made by the State. In certain circumstances, however, federal law may
				provide more adequate protection for the affected employee. The Commissioner of
				Labor may, in his discretion, refer complaints to the United States Department
				of Labor for investigation or prosecution where the affected employee would be
				more adequately protected thereby. In such cases, deference to the federal
				investigation or prosecution should be guided by the considerations discussed
				in R.
				71-1018
				of this subarticle.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1100 - General Policy

Current through Register Vol. 48, No. 6, June 28, 2024
All information reported to or otherwise obtained by the
				  Commissioner of Labor or his representatives in performing their statutory
				  duties within the South Carolina Division of Occupational Safety and Health
				  (SC/OSH) which contains or which might reveal sensitive information shall be
				  strictly controlled. Trade secrets shall be considered confidential and shall
				  not be revealed in any manner whatever. In any proceedings involving the
				  inspection of an employer's establishment, the issuance of a citation, the
				  contest of a citation or the review of a determination of the Commissioner of
				  Labor, the Commissioner or the Circuit Court shall issue such order as may be
				  necessary or appropriate to effectively protect the confidentiality of
				  sensitive material and trade secrets. For disclosure of medical and exposure
				  records refer to Subarticle 6, Section 1910.20 and Subarticle
				  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 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1101 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Sensitive
				Material"--Sensitive material shall include witness identity, witness
				statements, complainant identity, financial statements of employers, accident
				and injury records maintained by the employer (excluding medical and exposure
				records), consultation reports, discrimination files, correspondence and work
				product of legal counsel, and other information as deemed "sensitive" by the
				Commissioner of Labor.
B. "Trade
				Secret"--Trade secret shall be defined as an unpatented, secret, commercially
				valuable plan, appliance, formula, or process which is used in the making,
				preparing, compounding, treating or processing of articles or materials which
				are trade commodities and which is generally recognized as confidential by the
				employer.
C. "Trade Secret
				Material"--Trade secret material shall include records, plans, descriptions,
				diagrams, photographs, formula, physical samples, recordings or other physical
				manifestation by which the identity of a trade secret may be transmitted from
				one person to another. For the purposes of this regulation, trade secret
				materials specifically include, but are not limited to, inspection notes and
				diagrams, samples, preliminary and final investigatory documents, laboratory
				analysis (including, but not limited to, chromatograms and spectrograms) and
				other working papers constituting work product of SC/OSH inspection and
				enforcement officials which contain information which could reveal the
				existence or nature of a trade secret.
D. "Submitter"--A submitter shall be defined
				as any person from whom trade secret material is obtained, either voluntarily
				or involuntarily, regardless of whether or not said person owns the trade
				secret or is using it under license.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1102 - Disclosure Other Than Trade Secrets

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Occupational Safety and Health (OSH)
				files will become available for public viewing after the employer has
				acknowledge receipt of the citation or after a decision has been made not to
				issue a citation. No OSH file will be available for viewing until such time as
				an employer has acknowledged receipt of the citation.
B. No documents may be disclosed in so far as
				they reveal sensitive material.
C.
				When any OSH citation is protested and until a final order is entered,
				documents from the OSH file will be released pursuant to Subarticle 4 of this
				Article.
D. Witness identity and
				witness statements, complainants' identity, financial statements, and accident
				or injury records maintained by the employer are exempted from
				disclosure.
E. OSH consultation,
				both verbal and written reports of findings and recommendations, are provided
				only to the employer requesting consultation are exempted from
				disclosure.
F. All OSH
				discrimination files are confidential and may be released only to the employee
				bringing the action or to the authorized representative of that employee and
				are exempted from disclosure.
G.
				All attorney working papers, opinions, and other correspondence and work
				product of legal counsel are exempted from disclosure.
H. Records of the Administrative Review
				Procedure maintained by the Administrative Law Clerk are not exempted from
				disclosure.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1103 - Examination Of Disclosure Material

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				All OSH files which are available for public viewing as prescribed in R.
				71-1102
				may be viewed in the offices of the Department of Labor during normal business
				hours. All requests for OSH files shall be directed to the Director of the
				Office of Public Information, South Carolina Department of Labor, P.O. Box
				11329, Columbia, South Carolina 29211.
B. Persons desiring to view four (4) or less
				OSH files during a single visit shall advise the Office of Public Information,
				in writing, at least 24 hours prior to the time they desire to view such files.
				Persons desiring to view five (5) or more files during a single visit shall
				advise the Office of Public Information, in writing at least 72 hours (3
				working days) prior to the time they desire to view such files. Request for OSH
				files shall specifically identify company, division, and location of business
				or plant of each desired OSH file.
C. Persons desiring OSH files which are on
				microfiche (microfilm) or photographs which must be printed shall allow a
				reasonable amount of time for such work to be performed dependent upon the
				availability of specialists required to produce such work.
D. Copies of material in OSH files are
				subject to a research and operator charge for each file plus a set fee schedule
				for each page and photograph. Such charge and fees shall be paid in advance.
				The research and operator charges plus the fee schedule can be obtained by
				telephone, or in writing, from the Office of Public Information.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1104 - Designation Of Trade Secrets

Current through Register Vol. 48, No. 6, June 28, 2024
A. At any
				time during the conduct of an inspection or at such other times as the
				Department of Labor may request information from an employer, the employer may
				identify areas of its establishment or material which contains or which might
				reveal a trade secret. If the Department of Labor representative requesting
				access to such areas of the establishment or material has no clear reason to
				question such identification, all such material and all information obtained
				within such areas shall be conspicuously labeled "confidential -trade secret"
				and shall be treated as prescribed in this section. In determining whether the
				area or material in question contains a valid trade secret, the following
				should be considered:
(1) the definition
				contained in R.
				71-1101B;
				and
(2) the steps taken by employer
				to protect or limit access to the area or material.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1106 - Release Of Trade Secret Material

Current through Register Vol. 48, No. 6, June 28, 2024
A. Trade secret material or information
				concerning the identity or nature of a trade secret shall not be divulged by
				any representative of the Department of Labor in any manner of fashion whatever
				to anyone other than another permanent employee of the Department of Labor
				actively engaged in an inspection or enforcement proceeding involving the
				submitter which resulted in the acquisition of the trade secret material by the
				Department of Labor.
B. It is the
				policy of the Department of Labor to fully assert the exemption to the Freedom
				of Information Act contained in Section
				30-4-40(a)(1)
				of the South Carolina Code (1976) with respect to designated trade secret
				material. Based on this policy trade secret material shall not be divulged by
				the Department of Labor pursuant to a Freedom of Information Act or other
				request without court order or subpoena.
C. In the event a Freedom of Information Act
				or other request is made for trade secret material, a copy of both the request
				itself and the letter from the Department of Labor denying it shall be mailed
				to the submitter of the trade secret material by registered mail within 10 days
				of receipt of the request.
D. In
				the event that a suit is filed against the Department of Labor under the
				Freedom of Information Act to obtain trade secret material, the submitter of
				said information shall be notified of the suit within 10 days after the service
				of the complaint upon the Department of Labor. The Department of Labor shall
				call upon the submitter of the trade secret material to furnish assistance and
				shall not oppose a motion by the submitter to intervene as a party to the
				suit.
E. Where the Department of
				Labor is served with any subpoena for records or material containing designated
				trade secrets, the Department will make reasonable efforts to contact the
				submitter by telephone and by letter. The Department of Labor will make a
				motion for a protective order in any such case. The Department of Labor Shall
				call upon the submitter of the trade secret material to furnish assistance and
				shall not oppose a motion by the submitter to intervene as a party to the
				suit.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1107 - Removal Of Trade Secret Material From Submitter's Premises

Current through Register Vol. 48, No. 6, June 28, 2024
A. Trade secret
				material should be, to the extent possible, examined on the premises of the
				submitter's establishment. It should not be removed unless it appears to the
				inspector that it is necessary and relevant to enforce provisions of the
				Occupational Safety and Health Act and applicable standards. These materials
				should not be removed merely for the convenience of the inspector in conducting
				his inspections.
B. When trade
				secret material other than samples for laboratory analysis is removed from the
				submitter's premises, it shall be transported directly to a secured storage
				facility and placed therein for safekeeping.
C. The Department of Labor or any employer
				may agree to leave any trade secret material on the employer's premises
				provided that the Department of Labor representatives are granted sufficient
				access to the secrets to enable them to carry out the purpose of the
				Occupational Safety and Health Act.
D. Samples for laboratory analysis shall be
				transported directed to the laboratory and protected as described in R.
				71-1105F.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS › Section 71-1108 - Return Of Trade Secret Material To Submitter

Current through Register Vol. 48, No. 6, June 28, 2024
A. In the event that an inspection does not
				result in the issuance of a citation, the Department of Labor shall return all
				trade secret materials to the submitter as soon as allowable under federal
				regulations, but not later than 12 months after the inspection.
B. In the event that an inspection does
				result in a citation, the Department of Labor shall return all trade secret
				materials not relevant to the specific citation, as soon as possible under
				federal regulations, but in no event later than 12 months after the inspection.
				Any trade secret materials retained by the Department of Labor for use in a
				contested proceeding shall be returned to the submitter upon final termination
				of the proceeding and any mandatory federal review of same.
C. No trade secret material shall be returned
				to the submitter pursuant to paragraph A or B above unless the submitter
				agrees, in writing, to preserve the Department of Labor's records intact and
				provide future access to them on request by the Department of Labor. Such files
				shall be indexed by the Department of Labor to enable it to determine what
				material was returned to the submitter without revealing the nature of the
				trade secret contained in the file.
D. The Department of Labor shall not be
				required to return to the submitter trade secret material contained in the
				Department's work product. Work product of the Department of Labor containing
				trade secret material shall be destroyed, given to the submitter or retained in
				the secured storage facility. An appropriate entry shall be made on the access
				log maintained by the Department of Labor.
E. When trade secret materials are returned
				to the submitter under this section, an explanation will be provided for all
				samples or part(s) of a sample destroyed by analysis. Upon request the
				submitter shall be provided with a copy of the access log maintained by the
				Department 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 12 - RULES FOR THE COMPENSATION OF MEMBERS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD (REPEALED) › Section 71-1201

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 12 - RULES FOR THE COMPENSATION OF MEMBERS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD (REPEALED) › Section 71-1202

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3100 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
Section
				41-13-20,
				South Carolina Code of Laws, 1976 (as amended), provides that the Director of
				the Department of Labor, Licensing and Regulation shall promulgate regulations
				which will prohibit oppressive child labor practices but be no more restrictive
				or burdensome than applicable federal laws or regulations. It is the purpose of
				these regulations to resolve any contradictions between state and federal law
				and to protect the well-being of children at work in this
				State.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3102 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Oppressive
			 child labor" means a condition of employment under which (1) any employee under
			 the age of sixteen years is employed by an employer (other than a parent or a
			 person standing in place of a parent employing his own child or a child in his
			 custody under the age of sixteen years in an occupation other than
			 manufacturing or mining or an occupation found by the Director of the
			 Department of Labor, Licensing and Regulation to be particularly hazardous for
			 the employment of children sixteen and seventeen years or detrimental to their
			 health or well-being) in any occupation, or (2) any employee sixteen and
			 seventeen years is employed by an employer in any occupation which the Director
			 of the Department of Labor, Licensing and Regulation shall find and by
			 regulation declare to be particularly hazardous for the employment of children
			 between such ages or detrimental to their health or well-being.
2. "Employer" means every person, firm,
			 partnership, association, corporation, receiver or other officer of a court of
			 this State, the State or any political subdivision thereof and any agent or
			 officer of the above-mentioned classes employing any person in this
			 State.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3104 - Employment in Hazardous Occupations or Occupations Detrimental to Health or Well Being

Current through Register Vol. 48, No. 6, June 28, 2024
Persons sixteen and seventeen shall not be employed in any
				occupation declared by the Director of the Department of Labor, Licensing and
				Regulation to be particularly hazardous or detrimental to the health or
				well-being of minors. Such occupations are identified at
				71-3107.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3106 - Employment of Minors Between 14 and 16 Years of Age

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The employment of minors fourteen and
			 fifteen years of age in the occupation, for the periods, and under the
			 conditions hereafter specified does not interfere with their schooling or with
			 their health and well-being and shall not be deemed to be oppressive child
			 labor.
(b) In all occupations
			 covered by this subpart the employment (including suffering or permitting to
			 work) by an employer of minor employees fourteen and fifteen years of age shall
			 be confined to the following periods:
(1)
			 Outside school hours;
(2) Not more
			 than 40 hours in any one week when school is not in session;
(3) Not more than 18 hours in any one week
			 when school is in session;
(4) Not
			 more than 8 hours in any one day when school is not in session;
(5) Not more than 3 hours in any one day when
			 school is in session; and
(6)
			 Between 7 a.m. and 7 p.m. in any one day, except during the period of summer
			 break of the school district in which the minor resides, when the evening hour
			 will be 9 p.m.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3108 - Hazardous Agricultural Occupations; Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The following occupations in agriculture
			 are particularly hazardous for the employment of minors below the age of
			 sixteen:
(1) Operating a tractor of over 20
			 PTO horsepower, or connecting or disconnecting an implement or any of its parts
			 to or from such a tractor.
(2)
			 Operating or assisting to operate (including starting, stopping, adjusting,
			 feeding, or any other activity involving physical contact associated with the
			 operation) any of the following machines:
(i)
			 Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay
			 baler, potato digger, or mobile pea viner;
(ii) Feed grinder, crop dryer, forage blower,
			 auger conveyor, or the unloading mechanism of a nongravity-type self-unloading
			 wagon or trailer; or
(iii) Power
			 post-hole digger, power post driver, or nonwalking type rotary
			 tiller.
(3) Operating or
			 assisting to operate (including starting, stopping, adjusting, feeding, or any
			 other activity involving physical contact associated with the operation) any of
			 the following machines:
(i) Trencher or
			 earthmoving equipment;
(ii) Fork
			 lift;
(iii) Potato combine;
			 or
(iv) Power-driven circular,
			 band, or chain saw.
(4)
			 Working on a farm in a yard, pen, or stall occupied by a:
(i) Bull, boar, or stud horse maintained for
			 breeding purposes; or
(ii) Sow with
			 suckling pigs, or cow with newborn calf (with umbilical cord
			 present).
(5) Felling,
			 bucking, skidding, loading, or unloading timber with butt diameter of more than
			 six inches.
(6) Working from a
			 ladder or scaffold (painting, repairing, or building structures, pruning trees,
			 picking fruit, etc.) at a height of over 20 feet.
(7) Driving a bus, truck, or automobile when
			 transporting passengers, or riding on a tractor as a passenger or
			 helper.
(8) Working inside:
(i) A fruit, forage, or grain storage
			 designed to retain an oxygen deficient or toxic atmosphere;
(ii) An upright silo within 2 weeks after
			 silage has been added or when a top unloading device is in operating
			 position;
(iii) A manure pit;
			 or
(iv) A horizontal silo while
			 operating a tractor for packing purposes.
(9) Handling or applying (including cleaning
			 or decontaminating equipment, disposal or return of empty containers, or
			 serving as a flagman for aircraft applying) agricultural chemicals classified
			 under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 135 et
			 seq.) as Category I of toxicity, identified by the word "poison" and the "skull
			 and crossbones" on the label; or Category II of toxicity, identified by the
			 word "warning" on the label;
(10)
			 Handling or using a blasting agent, including but not limited to, dynamite,
			 black powder, sensitized ammonium nitrate, blasting caps, and primer cord;
			 or
(11) Transporting, transferring,
			 or applying anhydrous ammonia.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3110 - Procedures for Hearing Child Labor Act Administrative Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any employer
			 aggrieved by any citation or penalty assessed pursuant to South Carolina Code
			 Section
			 41-13-25
			 may file a Notice of Protest within thirty (30) days of the date of the action
			 protested.
2. The failure of a
			 protesting party to appear at a hearing shall be deemed a withdrawal of the
			 Notice of Protest and a waiver of all rights except the right to be served with
			 a copy of the order of the Director. Any party who fails to appear without good
			 cause after receiving notice of the time and place of hearing may be taxed with
			 the costs of that hearing in the amount of One Hundred (100) dollars.
South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3111 - Proposed Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All
			 violations of SCRR 71-3104 and 71-3106(d)directly involve the health and safety
			 of the child and shall be classified as violations of serious gravity. All
			 other violations of the regulations will be classified as violations of other
			 than serious gravity.
(B) All
			 employers who employ one hundred (100) or more workers will be classified as
			 large employers. All employers who employ fewer than one hundred (100) workers
			 will be classified as small employers.
(C) Proposed penalties will be assessed as
			 follows:
(1)
First instance serious, small employer
$ 500.00
(2)
First instance serious, large employer
$1,000.00
(3)
First instance other than serious, large or small
							 employer
Warning
(4)
Second instance serious, small employer
$1,500.00
(5)
Second instance serious, large employer
$3,000.00
(6)
Second instance other than serious, small
							 employer
$ 300.00
(7)
Second instance other than serious, large
							 employer
$ 600.00
(8)
Third instance serious, small employer
$2,500.00
(9)
Third instance serious, large employer
$5,000.00
(10)
Third instance other than serious, small
							 employer
$ 500.00
(11)
Third instance other than serious, large
							 employer
$1,000.00