South Carolina Administrative Code

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 Repealed. HISTORY: Former Regulation, titled Hourly Compensation; Itemized Submissions, repealed by SCSR 48-5 Doc.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)

71-200. Purpose. This subarticle contains the rules of practice for administrative proceedings. A. To grant variances and other relief under the Safety and Health Laws, rules and regulations of the State of South Carolina, and B. To provide limitations, variations, tolerances, an…

71-201. 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…

71-202. 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 only future effect. In his discretion, the Commissioner may decline to entertain a petition for a variance on a subject or issue concerning which a citation has been issued to the employer invo…

71-204. Public Notice of a Granted Variance, Limitation, Variation, Tolerance, or Exemp- tion. Every final action granting a variance, limitation, variation, tolerance, or exemption will be kept on file in the Office of the Commissioner, Department of Labor, Columbia, South Carol…

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…

71-206. Temporary Variances. A. Petition for Temporary Variance. Any employer, or class of employers, desiring a variance from a standard, or portion thereof may file a written petition containing the information specified in paragraph B of this regulation with the Commissioner, …

71-207. Permanent Variances and other relief under section 41-15-250. A. Petition for Permanent Variance. Any employer, or class of employers, desiring a variance authorized by Section 41-15-250, South Carolina Code of Laws, may file a written petition containing the information …

71-208. Limitations, Variations, Tolerances, or Exemptions. A. Petition. Any person or class of persons desiring a limitation, variation, tolerance, or exemption may file a petition containing the information specified in paragraph B of this regulation with the Commissioner, Depa…

71-209. Modification, Revocation, and Renewal of Rules or Order. A. Modification or Revocation. An affected employer or an affected employee may apply in writing to the Commissioner for a modification or revocation of a rule or order issued under this subarticle. The petition sha…

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…

71-211. Request for Hearing on Petition. A. Request for Hearing. Within fifteen (15) days of the notification of the filing of a petition, any affected employer or employee may file with the Commissioner a written request for a hearing. B. Contents of a Request for a Hearing. A r…

71-212. Consolidation of Proceedings. The Commissioner on his own motion or that of any party may consolidate two or more proceedings which involve the same or closely related issues.

71-213. Notice of Hearing. A. Service. Upon request for a hearing as provided in this subarticle, or upon his own initiative, the Commissioner shall serve, or caused to be served, a reasonable notice of hearing. B. Contents of Notice. A notice of hearing served under paragraph A …

71-214. Manner of Service. Service of any document upon any party may be made by personal delivery of, or by certified mail, a copy of the document to the last known address of the party. The person serving the document shall certify to the manner and the date of the service.

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…

71-216. Consent Findings and Rules or Orders. A. General. At any time before the reception of evidence in any hearing, or during any hearing a reasonable opportunity may be afforded to permit negotiation by the parties of any agreement containing consent findings and a rule or or…

71-217. Discovery. A. Depositions. (1) For reasons of unavailability or for other good cause shown, the testimony of any witness may be taken by deposition. Depositions may be taken orally or upon written interrogatories before any person designated by the Commissioner and having…

71-218. Hearings. A. Order of Proceeding. Except as may be ordered otherwise by the Commissioner, the party petitioning for relief shall proceed first at a hearing. B. Burden of Proof. The petitioner shall have the burden of proof. C. Evidence. (1) Admissibility-A party shall be …

71-219. Decisions of the Commissioner. A. Within a reasonable time, the Commissioner shall make and serve upon each party his decision, which shall become final upon the 20th day after service thereof, unless exceptions are filed thereto, as provided in R. 71-220. The decision of…

71-220. Exceptions. Within twenty (20) days after service of a decision of the Commissioner, any party may file with the Commissioner written exceptions thereto with supporting reasons. Such exceptions shall refer to the specific findings of fact, conclusions of law, or terms of …

71-221. Public Notice of Petition for a Variance and Interim Order. The Commissioner of Labor will give notice in at least one newspaper with general circulation in the State containing the following information: A. Variance Request. (1) Name of the Company petitioning for the va…

71-222. Variances from Recordkeeping Requirements. The Commissioner of Labor will not entertain an application for a variance from a Recordkeeping Requirement. Any request so received by the Commissioner will be transmitted to the Secretary of Labor for his action. The State of S…

71-223. Variances Granted by the Secretary of Labor. The Commissioner of Labor will honor and give full faith and credit to any temporary or permanent variance from an occupational safety and health standard which has or may be granted by the Secretary of Labor. In order that suc…

71-300. Purpose. The purpose of this rule (Subarticle 3) is to require employers to record and report work-related fatalities, injuries, and illnesses. Note to 71-300: Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee w…

71-301. Partial exemption for employers with 10 or fewer employees. (a) Basic requirement (1) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in …

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…

71-304. Recording criteria. (a) Basic requirement. Each employer required by this Part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that: (1) Is work-related; and (2) Is a new case; and (3) Meets one or more of the general r…

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…

71-3100. Purpose. Section 41-13-20, South Carolina Code of Laws, 1976 (as amended), provides that the Director of the Department of Labor, Licensing and Regulation shall promulgate regulations which will prohibit oppressive child labor practices but be no more restrictive or burd…

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 or a person standing in place of a parent employing his own child or a child in his cust…

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…