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 71-1003 - Requirements of Sections 41-15-510 and 41-15-520

Universal Citation: SC Code Regs 71-1003

Current through Register Vol. 48, No. 3, March 22, 2024

A. Section 41-15-510 provides in general that no person shall discharge or in any manner discriminate against any employee because the employee has:

(1) Filed any complaint under or relating to the Act;

(2) Instituted or caused to be instituted any proceeding under or relating to the Act;

(3) Testified or is about to testify in any proceeding under or relating to the Act; or

(4) Exercised on his own behalf or on behalf of others any right afforded by the Act.

B. Section 41-15-520 provides that any employee who believes that he has been discriminated against in violation of Section 41-15-510 may, within 30 days after such violation occurs, lodge a complaint with the Commissioner of Labor alleging such violation. The Commissioner of Labor shall then cause appropriate investigation to be made. If, as a result of such investigation, the Commissioner determines that the provisions of Section 41-15-510 have been violated, civil action may be instituted in the appropriate Court of Common Pleas, to restrain violations of Section 41-15-510 and to obtain other appropriate relief, including rehiring or reinstatement of the employee to his former position with back pay.

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