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 71-1021 - Federal Jurisdiction

A. The provisions of Section 41-15-510 and of this subarticle do not divest the United States Secretary of Labor or federal district courts of jurisdiction over employee complaints of discrimination under 29 U.S.C. Section 660(c). However, the United States Department of Labor may refer complaints alleging such discrimination to the South Carolina Department of Labor for investigation and appropriate action. Such complaints shall be evaluated (and, if appropriate, investigated and prosecuted) in the same manner as complaints of similar nature filed initially with the State. In such cases, the date of filing with the United States Department of labor shall be considered the filing date for purposes of the 30-day limitation in Section 41-15-520 (See R. 1015D(3) of this subarticle).

B. Because the provisions of this subarticle are designed to provide protection for employees parallel to that provided in 29 CFR Part 1977, federal evaluation and investigate of a discrimination complaint would normally be expected to result in the same determination as that made by the State. In certain circumstances, however, federal law may provide more adequate protection for the affected employee. The Commissioner of Labor may, in his discretion, refer complaints to the United States Department of Labor for investigation or prosecution where the affected employee would be more adequately protected thereby. In such cases, deference to the federal investigation or prosecution should be guided by the considerations discussed in R. 71-1018 of this subarticle.