Department of Labor, Licensing and Regulation—Division of Labor

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…

71-339. Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA. (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 …

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…

71-346. Definitions. 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…

71-400. Definitions. 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 enacte…

71-4000. Purpose and Definitions. 1. Chapter 18 of Title 41, S.C. Code of Laws, 1976 (as amended) provides that the Director of the Department of Labor, Licensing and Regulation may promulgate regulations to guard against personal injuries in the assembly, disassembly, and use of…

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…

71-4300. Operational Testing. 1. The owner of a device shall use manufacturer’s operational tests, along with maximum intervals for these tests to be performed, to determine whether a safety mechanism is operating within operational limits as recommended by the manufacturer. If m…

71-4400. Maintenance Procedures for Amusement Devices. 1. Each owner of an amusement device shall read and become familiar with the contents of the manufacturer’s maintenance instructions and specifications. Based on the manufacturer’s recommen- dations, each owner shall develop …

71-4450. Miscellaneous Safety Requirements for Amusement Rides. 1. Electrical Systems A. Electrical systems shall comply with the NFPA 70, the 2020 National Electrical Code, and any later editions, as adopted by the General Assembly. B. Dark Rides (1) The track or bus supplying v…

71-4475. Additional Rules for Individual Amusement Devices. 1. Chair lifts and Trams shall be designed and maintained per ANSI B77.1 2022 and all supplements thereto. Compliance with the requirements of any later edition published by the American National Standards Institute shal…

71-4500. Insurance Bond, or Other Security. 1. Before any permit can be issued, the owner must file with and have accepted by the Director an approved Certificate of Insurance against liability for injury to persons arising out of the use of an amusement device, to be in an amoun…

71-4600. Permit Required. 1. Before beginning operation of any amusement device within South Carolina, the owner shall have posted on the amusement device a valid permit to operate issued by the Commissioner. A permit to operate is valid for a period of one calendar year terminat…

71-4610. Permit Application Requirements. 1. Each application for a permit shall be submitted electronically and received by the Director no less than ten (10) days before the first intended date of use. 2. Each permit application shall include the following information: A. Name …

71-4700. Fee Schedule. 1. A. Upon application for a permit with a request for inspection by the South Carolina Department of Labor, Licensing and Regulation, Division of Labor, an annual fee shall be charged at the rate of: Kiddie device $50.00 Major/spectacular devices $100.00 M…

71-4800. Qualifications of Approved Special Inspectors. 1. A special inspector shall have the following qualifications: A.(1) At least five (5) years’ experience in amusement device maintenance and safety and completion of approved courses in materials inspection and testing and …

71-4910. Procedure for Hearing Contested Notices of Non-Compliance and Assessments of Penalty. 1. Any owner to whom a Notice of Non-Compliance or Notice of Proposed Penalty has been issued may serve a Notice of Protest upon the Commissioner within thirty (30) days of the receipt …

71-4920. Repealed. HISTORY: Former Regulation, titled Procedure for Applications for Variance, had the following history: Added by State Register Volume 11, Issue No. 6, effective June 26, 1987. Amended by State Register Volume 12, Issue No. 5, effective May 27, 1988; State Regis…

71-4950. [Information to be Made Available to Director.] The owner shall be responsible for maintaining and making available to the Director all information required by the Amusement Ride Safety Code and these regulations. This information shall be made available to the Director …

71-500. Purpose and Scope. Section 41-15-210, South Carolina Code of Laws, provides for the promulgation by the Commission- er of Labor of Occupational Safety and Health Standards covering employment and places of employment in businesses within the State of South Carolina. It fu…

71-5000. Purpose and Definitions. 1. The Director shall promulgate regulations governing maintenance, construction, alteration, and installation of elevator facilities and the inspection and testing of new and existing elevator installations so as to provide for the public safety…

71-501. Definitions. As used in this subarticle, unless the context clearly requires otherwise: A. ‘‘State’’ means the State of South Carolina. B. ‘‘Department’’ means the Department of Labor, State of South Carolina. C. ‘‘Commissioner’’ means the Commissioner, Department of Labo…

71-502. Posting of Notice. A. Every employer subject to the occupational safety and health laws rules and regulations of the State of South Carolina shall post a conspicuous notice to be furnished by the State of South Carolina in a prominent place in each factory, plant, establi…

71-503. Inspections. A. As provided for in Section 41-15-260, South Carolina Code of Laws, the Commissioner, his representative, or Safety Specialist, may examine and inspect at reasonable hours, as often as practicable, all places, sites or areas where employment comes under the…

71-504. Advance Notice of Inspections. A. No advance notice shall be given with regard to inspections except as shall be authorized by the Commissioner. (1) Advance notice may be given in the case of apparent imminent danger to enable the employer to abate the danger as quickly a…

71-505. Conduct of Inspections. A. Subject to R. 71-503, inspections shall take place at such times and in such places of employment as the Commissioner may direct. Where appropriate reinspection may be directed to clarify questions, resolve objections or to ascertain if an emplo…

71-506. Representatives of Employers and Employees. A. The Safety Specialist shall be in charge of inspections and questioning of persons. A representa- tive of the employer and a representative authorized by employees shall be afforded an opportunity to accompany a Safety Specia…

71-507. Consultation with Employees. During an inspection any employee shall be afforded a reasonable opportunity to consult the Safety Specialist in private. In those cases where there is no authorized employee representative, the Safety Specialist shall consult with a reasonabl…