Chapter 71

71-1017. Withdrawal Of Complaint. 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 termi…

71-103. Notice. Prior to the promulgation, modification or revocation of any rule or regulation the Commissioner shall conduct a hearing. Notice of such hearing shall be published in at least one newspaper with general circulation of the geographical areas in which the proposed r…

71-106. Amendments to Article and Regulations. The Commissioner may on his own motion modify or revoke any rules and regulations contained in these subarticles or regulations. In the event of conflict among any such rules and regulations, the Commissioner shall take the action ne…

71-1104. Designation Of Trade Secrets. 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 rev…

71-1202. Repealed. HISTORY: Former Regulation, titled Hourly Compensation; Itemized Submissions, repealed by SCSR 48-5 Doc. No. 5236, eff May 24, 2024. ARTICLE 3 CHILD LABOR (Statutory Authority: 1976 Code § 41-13-20) 71-3100. Purpose. Section 41-13-20, South Carolina Code of Law…

71-202. Amendments to This Subarticle. The Commissioner may at any time revise, amend, or revoke any provision of this subarticle, on his own motion or upon the written petition of any person. 71-203. Effect of Variances. All variances granted pursuant to this Article shall have …

71-205. Form of Petitions, Verification; Copies. A. Forms of Petitions and Copies. No particular form is prescribed for petitions and other papers which may be filed in proceedings under this subarticle. However, any petition and others shall be filed with the Commissioner. The o…

71-210. Action on Petitions. A. Defective Petitions. (1) If a petition filed pursuant to this subarticle does not conform to the applicable regulation, the Commissioner may deny the petition. (2) Prompt notice of the denial of a petition shall be given to the petitioner. (3) A no…

71-215. Prehearing Conference. A. Convening a Conference. Upon his own motion or the motion of a party, the Commissioner may direct the parties or their counsel to meet with him for a conference to consider: (1) Simplification of issues; (2) Necessity or desirability of amendment…

71-302. Partial exemptions for establishments in certain industries. (a) Basic requirement. (1) If your business establishment is classified in a specific industry group listed in appendix A to this Subpart B, you do not need to keep OSHA injury and illness records unless the gov…

71-303. Keeping records for more than one agency. If you create records to comply with another government agency’s injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA’s Subarticle 3 recordkeeping requirements if OSHA accepts the other a…

71-305. Determination of work-relatedness. (a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or…

71-306. Determination of new cases. (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 pre…

71-307. General recording criteria. (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,…

71-308. Recording criteria for needlestick and sharps injuries. (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 CF…

71-309. Recording criteria for cases involving medical removal under OSHA standards. (a) Basic requirement. If an employee is medically removed under the medical surveillance require- ments of an OSHA standard, you must record the case on the OSHA 300 Log. (b) Implementation. (1)…

71-310. Recording criteria for cases involving occupational hearing loss. (a) Basic requirement. If an employee’s hearing test (audiogram) reveals that the employee has experienced a work- related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee’s t…

71-3101. Scope. These rules and regulations shall apply to every employer in this State. 71-3102. Definitions. 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…

71-3103. Age Restrictions. No person under the age of sixteen shall be employed in this State except according to the regulations in this subarticle. 71-3104. Employment in Hazardous Occupations or Occupations Detrimental to Health or Well Being. Persons sixteen and seventeen sha…

71-3105. Exempted Occupations; Apprentices; Student-Learners. (a) The following occupations are exempted from the coverage of these regulations for minors of any age according to the terms of each exemption. (b) The provisions of this Article with the exception of 71-3108 do not …

71-3106. Employment of Minors Between 14 and 16 Years of Age. (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-bein…

71-3107. List of Hazardous Occupations or Occupations Detrimental to Health of Minor; Exemptions. (A) The following occupations are found to be particularly hazardous for minors sixteen and seventeen years of age or detrimental to their health or well-being. Employment of minors …

71-3108. Hazardous Agricultural Occupations; Exemptions. (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 o…

71-311. Recording criteria for work-related tuberculosis cases. (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 …

71-3111. Proposed Penalties. (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 seri…

71-329. Forms. (a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, the 300-A is the Summary of Work-Related Injuries and Illness…

71-331. Covered employees. (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 recor…

71-332. Annual summary. (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…

71-333. Retention and updating. (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) Impleme…

71-334. Change in business ownership. 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 t…

71-335. Employee involvement. (a) Basic requirement. Your employees and their representatives must be involved in the record- keeping 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 prov…

71-336. Prohibition against discrimination. 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 f…

71-337. State recordkeeping regulations. (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 requi…

71-340. Providing records to government representatives. (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 gover…

71-341. Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. (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 …

71-342. Requests from the Bureau of Labor Statistics for data. (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 …

71-344. Retention and updating of old forms. 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 up…

71-401. Citation; Notice of De Minimis Violation. 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 empl…

71-402. Penalty. 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 L…

71-403. Posting of Citation. 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 t…

71-404. Failure to Correct Violation for Which Citation Has Been Issued. 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 Manag…

71-405. Petition for Modification of Abatement. A. Filing. If the employer has made a good faith effort to comply with the abatement period, but has not been able to do so by the prescribed date because of factors beyond his control, he may file a petition for modification of aba…

71-406. Informal Conference. 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 in…

71-407. Employer or Employee Contest. 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 …

71-408. Request for a Contested Case Hearing; Posting. 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 …

71-409. Failure to Contest. 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 …

71-410. Withdrawal, Modification or Amendment to Citation and Penalty. 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 per…

71-4100. Maintenance of On-Site Information. All owners shall maintain the following physical information at the site of operation of all amusement devices in South Carolina: A. Name Plate: A unique identifying name plate in English shall be permanently affixed to each amusement …

71-411. Abatement Verification. PURPOSE: OSHA’s inspections are intended to result in the abatement of violations of the South Carolina Occupational Safety and Health Act. This section sets forth the procedures OSHA will use to ensure abatement. These procedures are tailored to t…

71-4200. Operation Procedures for Amusement Devices; Owners/Operator’s Responsibil- ity. 1. Each owner of an amusement device shall read and become familiar with the contents of the manufacturer’s recommended operating instructions. Each owner shall prepare an operating fact shee…