South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
Subpart D - Other OSHA Injury and Illness Recordkeeping Requirements
Section 71-337 - State recordkeeping regulations
Universal Citation: SC Code Regs 71-337
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Basic requirement. Some States operate their own OSHA programs, under the authority of a State plan as approved by OSHA. States operating OSHA-approved State plans must have occupational injury and illness recording and reporting requirements that are substantially identical to the requirements in this part (see 29 CFR 1902.3(j), 29 CFR 1902.7, and 29 CFR 1956.10(i)) .
(b) Implementation.
(1) State-Plan States must have the same
requirements as Federal OSHA for determining which injuries and illnesses are
recordable and how they are recorded.
(2) For other Subarticle 3 provisions (for
example, industry exemptions, reporting of fatalities and hospitalizations,
record retention, or employee involvement), State-Plan State requirements may
be more stringent than or supplemental to the Federal requirements, but because
of the unique nature of the national recordkeeping program, States must consult
with and obtain approval of any such requirements.
(3) Although State and local government
employees are not covered Federally, all State-Plan States must provide
coverage, and must develop injury and illness statistics, for these workers.
State Plan recording and reporting requirements for State and local government
entities may differ from those for the private sector but must meet the
requirements of paragraphs 71-337(b)(1) and (b)(2).
(4) A State Plan State may not issue a
variance to a private sector employer and must recognize all variances issued
by Federal OSHA.
(5) A State Plan
State may only grant an injury and illness recording and reporting variance to
a state or local government employer within the State after obtaining approval
to grant the variance from Federal OSHA. (Cross-Reference: 1904.37)
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