South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 4 - ENFORCEMENT OF VIOLATIONS
Section 71-402 - Penalty
Current through Register Vol. 48, No. 3, March 22, 2024
A. After, or concurrent with, the issuance of a citation, and within a reasonable time of the inspection, the Compliance Manager, or his designee, shall notify the employer by certified mail or by personal service of the penalty under Section 41-15-300, Code of Laws of South Carolina, 1976, as amended, or that no penalties are assessed.
B. The Compliance Manager or his designee shall determine the amount of any penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations in accordance with Section 41-15-320, Code of Laws of South Carolina, 1976, as amended.
C. Appropriate penalties may be assessed with respect to alleged violations even though after being informed of such an alleged violation by the OSH Compliance Officer, the employer immediately abates or initiates steps to abate such violation. A penalty shall not be assessed for de minimis violations.
D. While the issuance of an assessed penalty is the agency's determination, it does not constitute an obligation unless there is a failure to contest the assessed penalty as provided in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the rules of the Administrative Law Court, or, if contested, unless the assessed penalty is determined to be an obligation under Section 41-15-320, Code of Laws of South Carolina, 1976, as amended, by an Order of the Administrative Law Court or upon final adjudication in the courts of this State.
