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 71-1019 - Walkaround Pay Disputes

The Commissioner recognizes the essential nature of employee participation on walkaround inspections under Section 41-15-260 of the Act. Employees constitute a vital source of information to representatives of the Commissioner concerning the presence of workplace hazards. Employees should be able to freely exercise their statutory right to participate in walkarounds without fear of economic loss, such as the denial of pay for the time spent assisting OSHA compliance personnel during workplace inspections. Moreover, the employer is prohibited by statute from withholding wages or benefits for the time an employee is engaged in walkaround accompaniment, Section 41-3-70, Code of Laws of South Carolina, 1976. Therefore, in order to insure the unimpeded flow of information to the Commissioner's inspectors, as well as the unfettered statutory right of employees to participate in walkaround inspections, an employer's failure to pay employees for time during which they are engaged in walkaround inspections is discriminatory under Section 41-15-510.