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 71-1004 - Persons Prohibited from Discriminating

Section 41-15-510 specifically states that "no person shall discharge or in any manner discriminate against any employee" because the employee has exercised rights under the Act. The term "person" is used here in the same sense as in Section 11(c) of the federal OSHA Act, 29 U.S.C. Section 660(c), and is defined in 29 U.S.C. Section 652(4) as "one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any group of persons". Consequently, the prohibitions of Section 11(c) are not limited to actions taken by employers against their own employees. A person may be chargeable with discriminatory action against an employee of another person. Section 41-15-510 would extend to such entities as organizations representing employees for collective bargaining purposes, employment agencies, or any person in a position to discriminate against an employee. See Meek v. United States, 136 F.2d 679 (6th Cir., 1943); Bowe v. Judson C. Burns, 137 F.2d 37 (3rd Cir., 1943).