S.C. Code Regs. § § 71-400

Current through Register Vol. 48, No. 10, October 25, 2024

Section 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 enacted by the South Carolina General Assembly.

C. "Administrator" means that person in the South Carolina Department of Labor, Licensing and Regulation, who is designated by the Director as responsible for the supervision of the activities of the Occupational Safety and Health Division.

D. "Affected Employee" shall mean an employee of a cited employer who is exposed to the alleged hazard described in the citation, as a result of his employment.

E. "Agency" means the South Carolina Department of Labor, Licensing and Regulation.

F. "Authorized Employee Representative" means a labor organization which has a collective bargaining relationship with the cited employer and which represents affected employees.

G. "Citation" means a written agency determination issued by the Director or his designated representative pursuant to Section 41-15-280, Code of Laws, State of South Carolina, 1976, as amended. For the purpose of this section, the word "citation" includes "amended citation".

H. "Compliance Manager" means that person in the Department of Labor, Licensing and Regulation, State of South Carolina, who is designated by the Administrator as responsible for inspections made pursuant to the State's Occupational Safety and Health Laws including, but not limited to, the issuance of citations and assessment of penalties.

I. "Contest Period" means the thirty day period that begins once the citation is received by the employer.

J. "Designee" means the person or persons acting on behalf of one or more of the following: Director, Administrator, Compliance Officer, or Informal Conference Hearing Officer, having the same authority and responsibility as the one for whom he is acting.

K. "Day" means calendar day.

L. "Director" means the Director of the South Carolina Department of Labor, Licensing and Regulation.

M. "Employee" means any person employed by an individual, partnership, joint venture, cooperative association or corporation doing business in the State, or by the State of South Carolina or any political subdivision thereof.

N. "Employer" means any individual, partnership, joint venture, cooperative association or corporation doing business in the State and the State of South Carolina and any political subdivision thereof which employs one (1) or more persons to perform work within the State of South Carolina.

O. "Informal Conference" means a conference held to discuss any issues raised by an inspection, citation, notice of penalty, and notification of failure to correct violation. No informal conference or request for an informal conference shall operate as a stay of the thirty (30) day period for filing a request for a contested case hearing to the ALC.

P. "Informal Conference Hearing Officer" means the designee of the Administrator given authority to hold informal conferences.

Q. "Informal Settlement Agreement" means the product of an agreement between both parties, which includes the parameters of such settlement and signatures of both parties. This agreement serves as a final order in lieu of contest, which the employer waives by entry into this agreement.

R. "Notification of Penalty" means a written agency determination issued by the Director or his designee to an employer to notify the employer of penalties assessed under Section 41-15-320, Code of Laws, State of South Carolina, 1976, as amended.

S. "OSH Compliance Officer" means any individual commissioned by the Director to enforce safety and health statutes, rules and regulations.

T. "Party" means any individual, partnership, joint venture, cooperative association, corporation, State of South Carolina or any political subdivision thereof who shall have a vested interest to participate in a hearing conducted in accordance with this subarticle.

U. "Person" means any individual, partnership, joint venture, cooperative association, corporation, organization of employees, or the State of South Carolina or any political subdivision thereof.

V. "Representative" means any person, including an authorized employee representative, authorized by a party, survivor, or intervener to represent him in a proceeding.

W. "Rules and Regulations" means any rules and regulations promulgated and adopted by the Department.

X. "State" means the State of South Carolina.

S.C. Code Regs. § 71-400

Amended by State Register Volume 38, Issue No. 6, eff 6/27/2014.