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 71-400 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in this Subarticle, unless the context clearly
				  requires otherwise
A. "Abatement"
				means corrections of violations issued in citation package.
B. "Act" means Act 379, South Carolina Acts
				and Joint Resolutions, 1971, as amended, and State Laws enacted by the South
				Carolina General Assembly.
C.
				"Administrator" means that person in the South Carolina Department of Labor,
				Licensing and Regulation, who is designated by the Director as responsible for
				the supervision of the activities of the Occupational Safety and Health
				Division.
D. "Affected Employee"
				shall mean an employee of a cited employer who is exposed to the alleged hazard
				described in the citation, as a result of his employment.
E. "Agency" means the South Carolina
				Department of Labor, Licensing and Regulation.
F. "Authorized Employee Representative" means
				a labor organization which has a collective bargaining relationship with the
				cited employer and which represents affected employees.
G. "Citation" means a written agency
				determination issued by the Director or his designated representative pursuant
				to Section
				41-15-280,
				Code of Laws, State of South Carolina, 1976, as amended. For the purpose of
				this section, the word "citation" includes "amended citation".
H. "Compliance Manager" means that person in
				the Department of Labor, Licensing and Regulation, State of South Carolina, who
				is designated by the Administrator as responsible for inspections made pursuant
				to the State's Occupational Safety and Health Laws including, but not limited
				to, the issuance of citations and assessment of penalties.
I. "Contest Period" means the thirty day
				period that begins once the citation is received by the employer.
J. "Designee" means the person or persons
				acting on behalf of one or more of the following: Director, Administrator,
				Compliance Officer, or Informal Conference Hearing Officer, having the same
				authority and responsibility as the one for whom he is acting.
K. "Day" means calendar day.
L. "Director" means the Director of the South
				Carolina Department of Labor, Licensing and Regulation.
M. "Employee" means any person employed by an
				individual, partnership, joint venture, cooperative association or corporation
				doing business in the State, or by the State of South Carolina or any political
				subdivision thereof.
N. "Employer"
				means any individual, partnership, joint venture, cooperative association or
				corporation doing business in the State and the State of South Carolina and any
				political subdivision thereof which employs one (1) or more persons to perform
				work within the State of South Carolina.
O. "Informal Conference" means a conference
				held to discuss any issues raised by an inspection, citation, notice of
				penalty, and notification of failure to correct violation. No informal
				conference or request for an informal conference shall operate as a stay of the
				thirty (30) day period for filing a request for a contested case hearing to the
				ALC.
P. "Informal Conference
				Hearing Officer" means the designee of the Administrator given authority to
				hold informal conferences.
Q.
				"Informal Settlement Agreement" means the product of an agreement between both
				parties, which includes the parameters of such settlement and signatures of
				both parties. This agreement serves as a final order in lieu of contest, which
				the employer waives by entry into this agreement.
R. "Notification of Penalty" means a written
				agency determination issued by the Director or his designee to an employer to
				notify the employer of penalties assessed under Section
				41-15-320,
				Code of Laws, State of South Carolina, 1976, as amended.
S. "OSH Compliance Officer" means any
				individual commissioned by the Director to enforce safety and health statutes,
				rules and regulations.
T. "Party"
				means any individual, partnership, joint venture, cooperative association,
				corporation, State of South Carolina or any political subdivision thereof who
				shall have a vested interest to participate in a hearing conducted in
				accordance with this subarticle.
U.
				"Person" means any individual, partnership, joint venture, cooperative
				association, corporation, organization of employees, or the State of South
				Carolina or any political subdivision thereof.
V. "Representative" means any person,
				including an authorized employee representative, authorized by a party,
				survivor, or intervener to represent him in a proceeding.
W. "Rules and Regulations" means any rules
				and regulations promulgated and adopted by the Department.
X. "State" means the State of South
				Carolina.