South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS
Section 71-1102 - Disclosure Other Than Trade Secrets

A. All Occupational Safety and Health (OSH) files will become available for public viewing after the employer has acknowledge receipt of the citation or after a decision has been made not to issue a citation. No OSH file will be available for viewing until such time as an employer has acknowledged receipt of the citation.

B. No documents may be disclosed in so far as they reveal sensitive material.

C. When any OSH citation is protested and until a final order is entered, documents from the OSH file will be released pursuant to Subarticle 4 of this Article.

D. Witness identity and witness statements, complainants' identity, financial statements, and accident or injury records maintained by the employer are exempted from disclosure.

E. OSH consultation, both verbal and written reports of findings and recommendations, are provided only to the employer requesting consultation are exempted from disclosure.

F. All OSH discrimination files are confidential and may be released only to the employee bringing the action or to the authorized representative of that employee and are exempted from disclosure.

G. All attorney working papers, opinions, and other correspondence and work product of legal counsel are exempted from disclosure.

H. Records of the Administrative Review Procedure maintained by the Administrative Law Clerk are not exempted from disclosure.