South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 1 - GENERAL
Section 71-113 - Rules of Construction

A. The prime contractor and any subcontractors may make their own arrangements with respect to obligations which might be more appropriately treated on a jobsite basis rather than individually. Thus, for example, the prime contractor and his subcontractors may wish to make an express agreement that the prime contractor or one of the subcontractors will provide all required first-aid or toilet facilities, thus relieving the subcontractors from actual, but not any legal responsibility (or, as the case may be, relieving the other subcontractors from actual, but not any legal responsibility). In no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of Subarticle 7 for all work to be performed under the contract.

B. By contracting for full performance of a contract, the prime contractor assumes all obligations prescribed as employer obligations under the standards contained in Subarticle 7, whether or not he subcontracts any part of the work.

C. To the extent that a subcontractor of any tier agrees to perform any part of the contract, he also assumes responsibility for complying with the standards in Subarticle 7 with respect to this subarticle. Thus, the prime contractor assumes entire responsibility under the contract and the subcontractor assumes responsibility with respect to his portion of the work. With respect to subcontracted work, the prime contractor and any subcontractor shall be deemed to have joint responsibility.

D. Where joint responsibility exists, both the prime contractor and his subcontractor or subcontractors, regardless of tier, shall be considered subject to the enforcement provisions of the Rules and Regulations, Commissioner of Labor, State of South Carolina.