1952.94(a) In accordance with section 18(e) of the Act and procedures in 29 CFR Part 1902, and after determination
that the State met the "fully effective" compliance staffing benchmarks as revised in 1984 in response to a Court Order in AFL-CIO v Marshall (CA
74-406), and was satisfactorily providing reports to OSHA through participation in the Federal-State Unified Management Information System, and
Assistant Secretary evaluated actual operations under the South Carolina State plan for a period of at least one year following certification of
completion of developmental steps (41 FR 32424). Based on the 18(e) Evaluation Report for the period of December 1, 1985 through January 31, 1987, and
after opportunity for public comment, the Assistant Secretary determined that in operation the State of South Carolina's occupational safety health
program is at least as effective as the Federal program in providing safe and healthful employment and places of employment and meets the criteria for
final State plan approval in section 18(e) of the Act and implementing regulations at 29 CFR Part 1902. Accordingly, the South Carolina plan was
granted final approval and concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective December 15,
1987.
..1952.94(b)
1952.94(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in South Carolina. The plan does not cover private sector
maritime employment; military bases; Federal government employers and
employees; the U.S. Postal Service (USPS), including USPS employees,
and contract employees and contractor-operated facilities engaged in
USPS mail operations; private sector employment at Area D of the
Savannah River Site (power generation and transmission facilities
operated by South Carolina Electric and Gas) and at the Three Rivers
Solid Waste Authority; the enforcement of the field sanitation
standard, 29 CFR 1928.110, and the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in "agricultural employment" within the meaning
of the Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number of employees, including
employees engaged in hand packing of produce into containers, whether
done on the ground, on a moving machine, or in a temporary packing
shed, except that South Carolina retains enforcement responsibility
over agricultural temporary labor camps for employees engaged in egg,
poultry, or red meat production, or the post-harvest processing of
agricultural or horticultural commodities.
1952.94(c) South Carolina is required to maintain a State program which is at least as effective as operations
under the Federal program; to submit plan supplements in accordance with 29 CFR Part 1953; to allocate sufficient safety and health enforcement staff
to meet the benchmarks for State staffing established by the U.S. Department of Labor, or any revisions to those benchmarks; and, to furnish such
reports in such form as the Assistant Secretary may from time to time require.
[52 FR 48111, Dec. 18, 1987; 62 FR 2558, Jan. 17, 1997; 65 FR 36619, June 9, 2000]
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