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 71-506 - Representatives of Employers and Employees
Current through Register Vol. 48, No. 3, March 22, 2024
A. The Safety Specialist shall be in charge of inspections and questioning of persons. A representative of the employer and a representative authorized by employees shall be afforded an opportunity to accompany a Safety Specialist during any inspection provided for under this subarticle for the purpose of aiding such inspections. In places of employment where groups of employees are represented by different representatives, a different employee representative for different phases of the inspection is acceptable to the extent it does not interfere with the inspection. In the interest of affording all employees an opportunity to be represented, more than one representative may accompany the Safety Specialist during any phase of the inspection, if the Safety Specialist so directs.
B. The Safety Specialist is authorized to deny the right of accompaniment under this regulation to any person whose conduct interferes with a fair and orderly investigation or as required with respect to security matters or trade secrets.
C. The provisions of R. 71-505 and R. 71-506 shall be implemented so as to avoid any undue and unnecessary disruption of the normal operations of the employer's plant.
D. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Commissioner, his assistant, or inspector, within limits of paragraphs A, B, and C above, during the physical inspection of any workplace for the purpose of aiding such inspection. No employee shall suffer any loss of wages or other benefits which would normally accrue to him because of his participation in the walk-around inspection. Such violations of this regulation shall be reported to the Commissioner of Labor. Where there is no authorized representative, the Commissioner, his assistant, or inspector shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
