South Carolina Administrative Code

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 shall not be employed in any occupation declared by the Director of the Department of Labor, Licensing and Regulation to be particularly hazardous or det…

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 …

71-3110. Procedures for Hearing Child Labor Act Administrative Appeals. 1. Any employer aggrieved by any citation or penalty assessed pursuant to South Carolina Code § 41-13-25 may file a Notice of Protest within thirty (30) days of the date of the action protested. 2. The failur…

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…

71-330. Multiple business establishments. (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 estab…

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…

71-339. 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…