South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT
Section 71-1001 - Introductory Statement

A. The South Carolina Occupational Safety and Health Act, Section 41-15-210 et. seq., Code of Laws of South Carolina, 1976, hereinafter referred to as the Act, is a State statute of general application designed to regulate employment conditions relating to occupational safety and health and to achieve safer and healthier workplaces throughout the State. Also under Section 41-15-80 et. seq., Code of Laws of South Carolina, 1976, every person who has employees is required to furnish each of his employees employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm, and, further, to comply with occupational safety and health standards promulgated under the Act.

B. The Act provides, among other things, for the adoption of occupational safety and health standards, inspections and investigations of workplaces, and recordkeeping requirements. Enforcement procedures initiated by the Department of Labor, review proceedings before the Commissioner of Labor and his designated hearing officers, and express judicial review are provided under the Act. The Act reflects the General Assembly's policy of maintaining a state occupational safety and health program under the federal Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et seq.

C. Employees and representatives of employees are afforded a wide range of substantive and procedural rights under the Act. Moreover, effective implementation of the Act and achievement of its goals depend in large part upon the active but orderly participation of employees, individually and through their representatives at every level of safety and health activity.

D. This subarticle deals essentially with the rights of employees afforded under Section 41-15-510, Code of Laws of South Carolina, 1976. Section 41-15-510 prohibits reprisals, in any form, against employees who exercise rights under the Act.

E. The South Carolina Occupational Safety and Health Program receives funding from the federal government and is subject to continuing evaluation by the United States Department of Labor. This subarticle, which is parallel to the federal anti-discrimination regulations, 29 CFR Part 1977, is thus promulgated to maintain compliance with federal law, including the grant program established by 29 U.S.C. Section 672(g).