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 71-405 - Petition for Modification of Abatement

A. Filing. If the employer has made a good faith effort to comply with the abatement period, but has not been able to do so by the prescribed date because of factors beyond his control, he may file a petition for modification of abatement. The petition must be filed with the Compliance Manager or his designee no later than the end of the next working day following the date on which abatement was to have been completed. The petition shall state why the abatement cannot be completed within the prescribed time, the steps taken to achieve compliance, and what interim steps are being taken to protect the employees from the cited hazard. Affected employees and their authorized representative (if any) must be also notified in writing of the petition by posting of the petition at the same location the citation is posted, and the petition shall remain posted for a period of ten (10) days.

B. Incomplete Petition for Modification of Abatement. Should a petition for modification of abatement be submitted to the Compliance Manager, or his designee, which does not meet the requirements of this regulation, the Compliance Manager, or his designee, shall immediately notify the employer of the deficiency and may allow up to an additional five (5) days to meet the requirements.

C. Objections to Petition for Modification of Abatement. Affected employees or their authorized representative may file an objection in writing to a petition for modification of abatement with the Compliance Manager. Failure to file such objection within ten (10) days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to the petition unless good cause is shown for such failure.

D. Decision. The Compliance Manager or his designee may issue a decision, served by certified mail, after ten (10) days. The decision of the Compliance Manager or his designee to accept or deny the petition for modification of abatement may be contested by the employer or affected employee; or within thirty (30) days from receipt of the decision, it may be contested to the Administrative Law Court.

E. Service. Unless otherwise ordered, service to the Department may be accomplished by postage prepaid first class mail or by personal delivery. Service is deemed effective at the time of mailing (if by mail) or at the time of personal delivery (if by personal delivery). Service and notice to employees represented by an authorized employee representative shall be deemed accomplished in the manner prescribed in paragraph B of this regulation

F. Failure to File Timely. Where the employer fails to file with the Compliance Manager or his designee, a petition for modification of abatement within the time prescribed in paragraph A of this regulation, the abatement period shall be deemed a final order of the Compliance Manager or his designee unless good cause is shown for such failure. Where any filing required by this regulation is made later than the period specified herein, the Compliance Manager or his designee may consider the merits of the objection or petition if he finds that there was a good cause for such delay and that such delay was not excessive. If the Compliance Manager or his designee shall determine that there was not good cause or that the delay was excessive, he shall recommend the denial of and thereby object to the petition for modification of abatement in accordance with paragraph D of this regulation.