South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 5 - INSPECTIONS
Section 71-504 - Advance Notice of Inspections
Universal Citation: SC Code Regs 71-504
Current through Register Vol. 48, No. 3, March 22, 2024
A. No advance notice shall be given with regard to inspections except as shall be authorized by the Commissioner.
(1) Advance
notice may be given in the case of apparent imminent danger to enable the
employer to abate the danger as quickly as possible;
(2) Where the inspection will be conducted
after regular business hours or in circumstances where special preparations are
necessary for an inspection;
(3)
Where reasonable necessary to assure the presence of representatives of the
employer and employees or the appropriate personnel needed to aid in the
inspection; and
(4) In other
circumstances where the Commissioner in consultation with the Safety
Specialist, determines that the giving of advance notice would enhance the
probability of an effective and thorough inspection. Except in unusual
circumstances, no notice of inspection shall be given more than 24 hours before
an inspection is scheduled to take place.
B. Any employee of the Department of Labor or other agency operating under contract with the Department of Labor in the implementation of the State Plan who gives unauthorized advance notice of an inspection will be disciplined by the administrative head of the agency after a hearing before the Commissioner of Labor. Such discipline may be as severe as discharge of duty.
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