S.C. Code Regs. § § 71-401

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

Section 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 employer, by certified mail or by personal service, a citation(s). Any citation shall be issued with reasonable promptness after the termination of the inspection. No citation shall be issued after the expiration of six (6) months following the occurrence of any violation. Citations shall detail the conditions and circumstances of the violation, and refer to applicable statutes, rules and regulations or order alleged to have been violated. The citation shall also fix a reasonable time for abatement of the violation(s). Where a citation is issued as a result of a request for inspection under Subarticle 5, R.71-508, copies of the citation shall also be provided to the employee or employee representative who made such request. If appropriate, a citation will be issued to an employer even where the employer abates immediately.

B. Notice of De Minimis Violation. 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 which have no direct or immediate relationship to safety or health, the Compliance Manager may issue a notice of de minimis violation if he shall determine that such notice shall be beneficial to the health and safety of employees. Such notice of de minimis violation shall be in the form of a recommendation only and may not be contested.

C. While the issuance of a citation is the agency's determination, it does not constitute a determination that a violation of state statutes or rules and regulations has occurred, but it is an allegation that such may have occurred, unless there is a failure to contest as provided for in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the rules of the Administrative Law Court, or, if contested, unless the violation is determined to have existed by a final order of the Administrative Law Court or by a final adjudication in the courts of this State.

D. No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless:

(1)

(a) such employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations; and

(b) the employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or

(2)

(a) such employee is directed by the employer to perform rescue activities in the course of carrying out the employee's job duties; and

(b) the employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or

(3)

(a) such employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable, such a workplace operation where employees are located in confined spaces or trenches; handle hazardous waste, respond to emergency situations, perform evacuations, or perform construction over water; and

(b) such an employee has not been designated or assigned to perform or assist in rescue operations and voluntarily elects to rescue such an individual; and

(c) the employer has failed to instruct employees not designated or assigned to perform or assist in rescue operations of the arrangements for rescue, not to attempt rescue, and of the hazards of attempting rescue without adequate training or equipment.

S.C. Code Regs. § 71-401

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