South Carolina Administrative Code

71-10000. Purpose. The purpose of this subarticle is to carry out the Department’s responsibility to promulgate regulations for the implementation, administration, and enforcement of the Registration of Immigra- tion Assistance Services Act, as required by Section 40-83-30 of the…

71-10000.1. Change of Address. Licensees shall notify the Department in writing of each change of address or change of business trade name within ten days of such change. The change of address notification must include a change of address fee. HISTORY: Added by State Register Vol…

71-10000.2. Display of License. All licensees shall prominently display their licenses at their business address. HISTORY: Added by State Register Volume 34, Issue No. 3, eff March 26, 2010.

71-10000.3. Advertising. Misleading and untruthful advertising by licensees is prohibited. All advertisements shall contain the legal name and license number of the Immigration Assistance Service. Every advertisement shall clearly indicate that it is the advertisement of a licens…

71-10000.4. False or Misleading Information. A. An applicant who provides false or misleading answers on any document submitted to the Department will be denied a license. B. A licensee who falsifies any document or assists in the falsification of an application or document of an…

71-10000.5. Licensure. A. No action will be taken on any application for licensure until all forms are complete and the fee of $100.00 has been paid. B. Applications for renewal of licenses shall be filed with the Department biennially and accompa- nied by a fee of $100.00. C. An…

71-10000.6. Administrative Review of Any Revocation, Civil Penalty, or Other Disciplin- ary Action Against a License. A. Request for Informal Conference. Within five (5) days of receipt of a notice of revocation, civil penalty, or other disciplinary action, a licensee may request…

71-10001. Administrative Review of Any Revocation, Civil Penalty, or Other Disciplinary Action Against the Employment License of a Private Employer. A. Request for Informal Conference. Upon receipt of a notice of revocation, civil penalty, or other disciplinary action, a private …

71-10002. Audit Program. At the time of an inspection, the employer must provide access to: 1. original or photocopied records of employment verification; or 2. access to electronic storage of records of employment verification, including associated audit trails that show who has…

71-10003. Records Retention. Employers must retain records of verification of immigration status for all employees for three (3) years after the date they hire an employee. These records forms can be retained in paper, microfilm, microfiche, or electronically. HISTORY: Added by S…

71-1001. Introductory Statement. A. The South Carolina Occupational Safety and Health Act, Section 41-15-210 et. seq., Code of Laws of South Carolina, 1976, hereinafter referred to as the Act, is a State statute of general application designed to regulate employment conditions re…

71-1002. Purpose Of This Subarticle. The purpose of this subarticle is to make available in one place interpretations of the various provisions of Section 41-15-510 which will guide the Commissioner of Labor, his agents and designees in the performance of their duties thereunder …

71-1003. Requirements of Sections 41-15-510 and 41-15-520. A. Section 41-15-510 provides in general that no person shall discharge or in any manner discriminate against any employee because the employee has: (1) Filed any complaint under or relating to the Act; (2) Instituted or …

71-1004. Persons Prohibited from Discriminating. 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…

71-1005. Persons Protected by Section 41-15-510. 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 existenc…

71-1006. Unprotected Activities Distinguished. 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 eng…

71-1009. Complaints Under or Relating to the Act. 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. …

71-101. Scope. These rules and regulations shall be applicable to all public and private places of employment having one or more employees.

71-1010. Proceedings Under or Relating to the Act. 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. Exam…

71-1011. Testimony. 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 testim…

71-1012. Exercise Of Any Right Afforded By The Act. A. In addition to protecting employees who file complaints, institute proceedings, or testify in proceedings under or relating to the Act, Section 41-15-510 also protects employees from discrimina- tion occurring because of the …

71-1015. Filing Of Complaint For Discrimination. 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. …

71-1016. Investigation Of Complaint. 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 discrimi…

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…

71-1018. Arbitration Or Other Agency Proceedings. 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 concurrent…

71-1019. Walkaround Pay Disputes. The Commissioner recognizes the essential nature of employee participation on walkaround inspec- tions under Section 41-15-260 of the Act. Employees constitute a vital source of information to representatives of the Commissioner concerning the pr…

71-102. Definitions. As used in this article, 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 Labor, …

71-1020. Employee Refusal To Comply With Safety Rules. 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…

71-1021. Federal Jurisdiction. 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 Unite…

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…

71-104. Hearings. Section 41-15-220, South Carolina Code of Laws, provides that, ‘‘Prior to the promulgation, modification or revocation of any rule or regulation issued pursuant to this act the Commissioner shall conduct a public hearing at which all interested persons shall be …

71-105. Petition for the Issuance, Amendment, or Repeal of a Standard. A. Petition. Any interested person may petition in writing to the Commissioner to promulgate, modify, or revoke a Standard. The petition should set forth the terms or the substance of the rules desired, the ef…

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…

71-107. Applicability of Standards. A. Applicability to Employer. The Standards contained in these subarticles shall apply with respect to all employers in this State employing one (1) or more employees. B. Applicability to Conditions, Practices, Etc. If a particular Standard is …

71-108. Incorporation by Reference. A. The standards of agencies of the U.S. Government which are legally incorporated by reference in this article, have the same force and effect as other standards in this article. B. Copies of the standards which are incorporated by reference m…

71-109. Amendments to These Subarticles. Any person may at any time petition the Commissioner in writing to revise, amend, or revoke any provisions of these subarticles. The petition shall set forth either the terms or the substance of the rule desired, with a concise statement o…

71-110. Representatives of Commissioner Not To Be Required to Sign Statements. No employer or employee representative shall, as a condition precedent to the performing of an inspection at a place of employment, require any representative whose purpose it is to make an inspection …

71-1100. General Policy. All information reported to or otherwise obtained by the Commissioner of Labor or his representa- tives in performing their statutory duties within the South Carolina Division of Occupational Safety and Health (SC/OSH) which contains or which might reveal…

71-1101. Definitions. A. ‘‘Sensitive Material’’—Sensitive material shall include witness identity, witness statements, com- plainant identity, financial statements of employers, accident and injury records maintained by the employer (excluding medical and exposure records), consu…

71-1102. Disclosure Other Than Trade Secrets. 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 avail…

71-1103. Examination Of Disclosure Material. 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 t…

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…

71-1105. Internal Security Measures. A. All trade secret material other than samples submitted for laboratory analysis which are prepared or obtained by or for representatives of the Department of Labor shall be marked as such, catalogued and filed in a secure place separate from…

71-1106. Release Of Trade Secret Material. 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 e…

71-1107. Removal Of Trade Secret Material From Submitter’s Premises. 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 relevan…

71-1108. Return Of Trade Secret Material To Submitter. 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 …

71-111. Confidentiality of Trade Secrets. All information reported to or otherwise obtained by the Commissioner or his representatives in connection with any inspection or proceeding under these subarticles which contains or which might reveal a trade secret shall be considered c…