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"Section 41-13-25. (A) As determined by the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense and fined not less than ten dollars nor more than fifty dollars for each subsequent offense. Each day during which the violation continues is a separate offense, and each child employed in violation of a regulation is a separate offense.

(B) The findings of the commissioner director, including the amount of the fine, are final unless within thirty days after receipt of their notice by certified mail the employer requests in writing to the commissioner director a review of the findings or the amount of the fine. If a request for review is made to the commissioner director, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act.

(C) The amount of the fine as finally determined may be recovered in a civil action brought in a court of competent jurisdiction and deposited in the state general fund."

SECTION 132. Section 41-13-50 of the 1976 Code is amended to read:

"Section 41-13-50. The Commissioner of Labor and the inspectors and agents Director of the Department of Labor, Licensing, and Regulation or his designee of the Department of Labor shall enforce the provisions of this chapter, make complaints against persons violating its provisions, and institute prosecutions for violation thereof of them."

SECTION 133. Section 41-13-60 of the 1976 Code is amended to read:

"Section 41-13-60. The Commissioner director and the inspectors and agents of the Department division may enter and inspect at any time any place or establishment where minors are employed and may have access to all such records as may aid in the enforcement of this chapter."

SECTION 134. Section 41-15-90 of the 1976 Code is amended to read:

"Section 41-15-90. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall issue rules and regulations requiring that employers keep their employees informed of their protections and obligations under this chapter, including

SECTION 135. Section 41-15-100 of the 1976 Code is amended to read:

"Section 41-15-100. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall issue regulations requiring employers to monitor and measure an employee's exposure to potentially toxic materials or harmful physical agents and to maintain accurate records of such the employee exposure. Such These regulations shall must provide employees or their representatives with an opportunity to observe such the monitoring or measuring and to have access to the records thereof of it. Such These regulations shall also must make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall notify promptly notify any employee who has been or is being exposed to toxic material or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under Sections 41-15-210 to 41-15-330, as amended, and shall inform any employee who is being thus exposed of the corrective action being taken.

Where appropriate, such these regulations also shall also prescribe the type and frequency of medical examinations or other tests which shall must be made available, by the employer or at his cost, to employees exposed to such the hazards in order to most effectively determine whether the health of such the employees is adversely affected by such the exposure. The results of such the medical examinations or other tests shall must be made available to the employer, the Commissioner director, and at the request of the employee, to his physician.

In the event If such the medical examinations or other tests are in the nature of research, such the examinations may be furnished at the expense of the Department Division of Labor. The results of such the examinations or tests shall must be furnished only to the Commissioner of Labor director and, at the request of the employee, to his physician."

SECTION 136. Section 41-15-210 of the 1976 Code is amended to read:

"Section 41-15-210. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee may promulgate, modify, or revoke rules and regulations which will have full

SECTION 137. Section 41-15-220 of the 1976 Code is amended to read:

"Section 41-15-220. (A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the commissioner director shall conduct a public hearing at which all interested persons, including employer and employee representatives, must be provided an opportunity to appear and present their comments orally or written, or both. Notice of the hearing must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice must contain the date, time, and place of the hearing and a brief description of the proposed regulation.

(B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department division shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it.

(C) Publication of the notice creates a rebuttable presumption that the:

(1) standard to which it refers was promulgated under this section;

(2) notice was filed and made available for public inspection at the day and hour stated in it;

(3) copy on file in the Legislative Council is a true copy of the original."

SECTION 138. Section 41-15-230 of the 1976 Code is amended to read:

"Section 41-15-230. Any rule or regulation promulgated, modified, or revoked under this article may contain a provision delaying its effective date for such a period (not in excess of ninety days) as the Commissioner director determines may be necessary to insure ensure that affected employers and employees will be informed of the existence, modification, or revocation of the rule or regulation and of its terms and that employers affected are given an opportunity to familiarize themselves and their

SECTION 139. Section 41-15-240 of the 1976 Code is amended to read:

"Section 41-15-240. Any affected employer may apply to the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee for a temporary permit granting a variance from a rule or regulation or any provision thereof of it promulgated under this article. Affected employees shall must be given notice by the employer of each such application and shall must be furnished an opportunity to participate in any hearing which shall must be directed at the request of the employer or by the Commissioner director on his own motion. Such The temporary permit shall must be granted at the discretion of the Commissioner director if sufficient evidence establishes that:

(a) He is unable to comply with a rule or regulation by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the rule or regulation or because necessary construction or alteration of facilities cannot be completed by the effective date;.

(b) He is taking all available steps to safeguard his employees against the hazard covered by the rule or regulation;.

(c) He has an effective program for coming into compliance with the rule or regulation as quickly as practicable. Any temporary permit issued under this section shall must prescribe the practices, means, methods, operations, and processes which the employer must shall adopt and use while the permit is in effect and state in detail his program for coming into compliance with the rule or regulation.

No temporary permit may be in effect for longer than the period needed by the employer to achieve compliance with the rule or regulation or for one year, whichever is shorter, except that such an order may be renewed not more than twice (1) so long as the requirements of this paragraph are met and (2) if an application for a renewal is filed at least ninety days prior to before the expiration date of the order. The form of the application itself for a temporary permit shall must be as prescribed by the Commissioner director."

SECTION 140. Section 41-15-250 of the 1976 Code is amended to read:

"Section 41-15-250. Any affected employer may apply to the Commissioner director for a permit for a permanent variance from a rule or regulation promulgated under this article. Affected employees and their

SECTION 141. Section 41-15-260 of the 1976 Code is amended to read:

"Section 41-15-260. (A) The Commissioner director, his inspectors, compliance officers, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, shall enter at reasonable times and have has the right to question either publicly or privately any such employer, owner, manager, agent, or the employees of the employer and inspect, investigate, reproduce, photograph, and sample all pertinent places, sites, areas, work injury records, and such other records during regular working hours and at other reasonable times, and within reasonable limits, and in a reasonable manner when such it comes under the jurisdiction of the Commissioner director to enforce the occupational safety and health provisions of this title.

(B) If an inspector is denied admission for purposes of inspection, the Commissioner director may seek a warrant as follows:

(1) Any circuit judge having jurisdiction where the inspection and investigation is to be conducted is empowered to may issue administrative warrants upon proper showing of the need for such entry. Such The inspection and investigation may include interviewing of employees, photographing, reproducing, sampling, and such other tests and acts as are necessary to carry out the purposes of the inspection and investigation.

(2) A warrant shall may be issued only upon an affidavit of an officer or employee of the Department Division of Labor duly designated

(3) A warrant issued pursuant to this section shall must be served within ten days and returned within thirty days of its date of issue. The circuit judge who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith with it and shall cause them to be filed with the court which issued such the warrant.

(4) Any circuit judge authorized to issue warrants pursuant to this section shall keep a record along with a copy of the return warrant and supporting affidavit and documents for a period of three years from date of issuance of each warrant. The record shall must be on a form prescribed by the Commissioner of Labor director and reflect as to each warrant:

(a) date and exact time of issue;

(b) name of person to whom warrant issued;

(c) name of person whose establishment or site is to be inspected;

(d) reason for issuance of warrant;

(e) date and time of return."

SECTION 142. Section 41-15-270 of the 1976 Code is amended to read:

"Section 41-15-270. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths, and, upon proper presentation of credentials to the owner, manager or agent of the employer, enter any place, site, or area where employment comes under the jurisdiction of the Commissioner

SECTION 143. Section 41-15-280 of the 1976 Code is amended to read:

"Section 41-15-280. If, upon inspection or investigation, the Commissioner director or his authorized representative ascertains that an employer has violated a requirement of any rule or regulation promulgated pursuant to this article, he shall with reasonable promptness shall issue a citation to the employer. Each citation shall must be in writing and shall must describe with particularity the nature of the violation or violations, including a reference to any statute or rule or regulation alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. The Commissioner director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. Such This notice shall have has the effect of a recommendation to the employer;. Compliance will is not be required.

Each citation issued under this section, or a copy or copies thereof of it, shall must be posted prominently posted, as prescribed in regulations issued by the Commissioner director, at or near each place a violation referred to in the citation occurred.

No citation may be issued under this section after the expiration of six months following the occurrence of any violation."

SECTION 144. Section 41-15-290 of the 1976 Code is amended to read:

"Section 41-15-290. (a) The court of common pleas of the county where the place of employment is located shall have has jurisdiction, upon petition of the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, to restrain any conditions or practices in any place of employment which are such that a danger exists which reasonably could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such the danger can be eliminated through the enforcement procedures provided by law. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such the imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such the imminent danger exists, except individuals whose presence is necessary to avoid,

(b) Upon the filing of any such a petition the court of common pleas shall have has jurisdiction to grant such the injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to the law.

(c) Whenever and as soon as a safety specialist concludes that conditions or practices described in item subsection (a) exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the Commissioner director that relief be sought.

(d) If the Commissioner of Labor, or his authorized representative, Director of the Department of Labor, Licensing, and Regulation or his designee arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured or aggrieved by reason of such the failure, or the representative of such the employees, may bring an action against the Commissioner director in the court of common pleas for the district in which the imminent danger is alleged to exist, or the employer has its principal office, or an affected employee resides, for a writ of mandamus to compel the Commissioner director to seek such an order and for such further relief as may be appropriate."

SECTION 145. Section 41-15-300 of the 1976 Code is amended to read:

"Section 41-15-300. If, after an inspection or investigation, the Commissioner director issues a citation, he shall within a reasonable time after the termination of such the inspection or investigation, he shall notify the employer by certified mail of the penalty, if any, assessed under Section 41-15-320."

SECTION 146. Section 41-15-320 of the 1976 Code, as last amended by Act 25 of 1991, is further amended to read:

"Section 41-15-320. (a) Any employer who wilfully or repeatedly violates any occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of not more than seventy thousand dollars for each violation.

(b) Any employer who has received a citation for a serious violation of an occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of up to not more than seven thousand dollars for each such violation.

(d) Any employer who fails to correct a violation for which a citation has been issued under Section 41-15-280 within the period permitted for its correction (which period shall does not begin to run until the date of the final order of the commissioner director in the case of any review proceeding initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be assessed a civil penalty of not more than seven thousand dollars for each day during which such the failure or violation continues.

(e) Any employer who wilfully violates any occupational safety or health rule or regulation promulgated pursuant to this article and that violation causes death to any employee shall be deemed is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than ten thousand dollars or by imprisonment for imprisoned not more than six months, or by both; except that. However, if the conviction is for a violation committed after a first conviction of such the person, punishment shall he must be by a fine of fined not more than twenty thousand dollars or by imprisonment for imprisoned not more than one year, or by both.

(f) Any employer who violates any of the posting requirements, as prescribed under the provisions of this article, may be assessed a civil penalty of up to seven thousand dollars for each violation.

(g) Any person who gives advance notice of any inspection to be conducted under this article, without authority from the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than one thousand dollars or by imprisonment for imprisoned not more than six months, or both.

(h) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than ten thousand dollars or by imprisonment for imprisoned not more than six months, or both.

(i) For the purposes of this section, an occupational safety or health rule or regulation shall be is deemed to be a rule or regulation

(j) For the purposes of this section, a serious violation shall be deemed to exist exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such the place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(k) Except for items subsections (e), (g), and (h) which establishes establish a misdemeanor over which the courts of general sessions have jurisdiction, all penalty assessments shall must be made by the Commissioner director.

(l) Any amounts collected under this section shall must be turned over to the State Treasurer for deposit in the general fund of the State."

SECTION 147. Section 41-15-520 of the 1976 Code is amended to read:

"Section 41-15-520. Any employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may, within thirty days after such the violation occurs, may file a complaint with the Commission Division of Labor of the Department of Labor, Licensing, and Regulation alleging such the discrimination. Upon receipt of such the complaint, the Commissioner Director of the Department of Labor, Licensing, and Regulation or his designee shall cause investigation to be made as he deems considers appropriate. If upon such investigation the Commissioner director determines that the provisions of Section 41-15-510 have been violated, he shall institute an action in the appropriate court of common pleas against such the person. In any such the action the court of common pleas shall have has jurisdiction for cause shown to restrain violations of Section 41-15-510 and shall order all appropriate relief including rehiring or reinstatement of employee to his former position with back pay."

SECTION 148. Section 41-16-20 (3), (4), (13), (14), (15), and (16) of the 1976 Code are amended to read:

"(3) `Department Division' means the South Carolina Division of Labor of the Department of Labor, Licensing, and Regulation.

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This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.