South Carolina Plan
[South Carolina State Plan Website]
Contact Information |
|
South Carolina Department of Labor,
Licensing & Regulation
Division of Occupational Safety and Health
P.O. Box 11329
Columbia, South Carolina 29211-1329
PH: (803) 896-7665
FAX: (803) 896-7670
South
Carolina Department of Labor, Licensing & Regulation
Holly Pisarik, Director
Dorothy
"Dottie" Ison, Occupational Safety and Health Administrator
PH: (803) 896-7686
|
About the South Carolina State Plan
The South Carolina Occupational Safety and Health Plan (SCOSH) has
the distinction of being one of the first programs approved by the
United States Department of Labor in accordance with the
guidelines of the Occupational Safety and Health Act of 1970. This
was accomplished on November 30, 1972.
The State program is administered by a Director of the South
Carolina Department of Labor, Licensing and Regulation. The
Department of Labor, Licensing, and Regulation is divided into
divisions for Labor, Fire and Life Safety, and Professional and
Occupational Licensing.
The SCOSH plan has been considered fully operational since 1974.
This status was recognized in 1975, when the Commissioner for the
South Carolina Department of Labor and the OSHA Regional
Administrator in Atlanta, Georgia, signed an "Operational Status
Agreement". This suspended the concurrent jurisdiction exercised
by Federal officials in all areas covered by the state Plan. This
was closely followed by "Certification" in 1976, when South
Carolina completed all developmental steps as outlined in its Plan
and as required by the United States Department of Labor.
On December 15, 1987, the South Carolina program received 18(e)
determination (final approval). Final approval of the South
Carolina State Plan represented a judgment, after extensive
evaluation, that the South Carolina Department of Labor was
administering its State Plan in an effective manner, and resulted
in formal relinquishment of concurrent Federal authority to
enforce occupational safety and health standards in areas covered
by the State.
Jurisdiction
The South Carolina OSH Program exercises jurisdiction over all
private and public sector employers and employees within the State
except private sector maritime activities; employment on military
bases; and 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; Federal government employers and employees; and
the U.S. Postal Service (USPS), including USPS employees, and
contract employees and contractor-operated facilities engaged in
USPS mail operations. See 29 CFR 1952.95.
Regulations and Standards
States must set job safety and health standards that are "at least
as effective as" comparable federal standards. (Most States adopt
standards identical to federal ones.) States have the option to
promulgate standards covering hazards not addressed by federal
standards.
South Carolina has adopted the Federal OSHA Standards verbatim,
with a few exceptions. These standards including the following:
General Industry
- Definition and Requirement for a National Recognized Testing
Laboratory, 1910.7
- Spray Finishing using Flammable and Combustible Material,
1910.107
- Respiratory Protection, 1910.134
- Powered Industrial Trucks, 1910.178
Construction Industry
- General Safety and Health Provisions, 1926.20
- Excavation, 1926.650
Please see
Detailed Differences between S.C. and Federal Standards.
Enforcement Programs
The state occupational safety and health act requires employers to
provide their employees with a safe and healthy worksite which is
free of hazards which may cause injuries and illnesses to workers.
The
SC OSHA office conducts inspections of businesses to assure
compliance with the law with a staff of 17 safety inspectors and
12 industrial hygienists.
Voluntary and Cooperative Programs
Consultation Programs
Employers who want help in recognizing and correcting safety and
health hazards and in improving their safety and health programs
may obtain it from a free consultation service largely funded by
OSHA. The service is delivered by state governments using
well-trained professional staff.
Consultation is a cooperative approach to solving safety and
health problems in the workplace. As a voluntary activity, it is
neither automatic nor unexpected. You must request it. The
obligation for the employer is a commitment to correct in a timely
manner all job safety and health hazards that are found during the
consultation visit. The commitment must be made prior to the visit
by the consultant.
In addition to helping employers identify and correct specific
hazards, consultants provide guidance in establishing or improving
an effective safety and health program and offer training and
education for the employer, supervisors and employees.
Primarily targeted for smaller businesses in higher hazard
industries or with especially hazardous operations, the safety and
health consultation program is completely separate from the
inspection effort. In addition, no citations are issued or
penalties proposed.
The service is confidential, too. The name of the employer, and
any information about the workplace, plus any unsafe or unhealthy
working conditions the consultant uncovers, will not be reported
routinely to the OSHA inspection staff.
South Carolina Consultation Program information.
Training Classes
OSHA Voluntary Programs provide a variety of training programs and
presentations designed to reduce or eliminate safety and health
hazards in the workplace. Training is available to employers and
employees of both the public and private sector upon request and
may occur on-site (requiring participation of 12 or more
employees) or as a result of participating in one of the Regional
Training programs coordinated by the training staff. In Fiscal
Year 2005, in excess of 591 training programs were delivered to
employees throughout our state resulting in more than 16,276
employees being trained on various OSHA regulations and other
safety and health issues.
General industry, health, and construction areas are covered in
the training curriculum. Examples of training programs offered
include:
- The OSHA Inspection Process
- Bloodborne Pathogens
- Lockout/Tagout (LOTO)
- Trenching/Excavation
- Hazard Communication
- S.C. SMART- Safety Management Accident Reduction Training
- Fall Protection (Construction)
- Personal Protective Equipment
- Violence in the Workplace
- Scaffolding (Construction)
- Permit Required Confined Spaces
- Industrial Trucks (Forklifts)
- OSHA Recordkeeping
Policies and Procedures
Program Directives are technical interpretations of standards and
may be used as a guide. For more information, please contact
Gwen Thomas.
Informal Conferences and Appeals
As of January 1, 2009, the South Carolina Administrative Law Court
hears and makes decisions on contests of citations, penalties, and
abatement dates arising from the enforcement of occupational
safety and health standards and regulations.
Employers, employees, and employee representatives have the right
to contest citation(s), abatement dates and/or proposed penalty(ies)
to SCOSH. If the employer, employee, or employee representative
fails to contest, within a twenty (20) calendar day period, the
citations(s), abatement date(s), and proposed penalty assessment
become a final order not subject to review.
Contest procedures are set forth in the Rules of Procedure for the
South Carolina Administrative Law Court (ALC), which may be
obtained from the ALC website or by contacting the Clerk, SC
Administrative Law Court, Edgar A. Brown Building, 1205 Pendleton
Street, Suite 224, Columbia, SC 29201.
Other Resources
Employers in South Carolina are required to post two employment
notices from the South Carolina Department of Labor, Licensing and
Regulation in a place or places where employees can see them.
These posters are: OSHA (Occupational Safety and Health) and the
Labor Law Abstract (Payment of Wages, Child Labor, and
Right-to-Work).
Three other state agencies also require employment postings: the
Employment Security Commission's "Workers Pay No Part of the Cost
for Job Insurance" (UCI 104) and "If You Become Unemployed (UCI
105); the Workers' Compensation Commission's "Workers Comp Works
For You"; and the Human Affairs Commission's "Equal Opportunity is
the Law".
Due to budget constraints, LLR is no longer printing these
posters. They can be downloaded from
this site.
South Carolina Department of Labor, Licensing &
Regulation
Division of Occupational Safety and Health
P.O. Box 11329
Columbia, South Carolina 29211-1329
PH: (803) 896-7665
FAX: (803) 896-7670
For detailed contact information visit
SCOSH web site.
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.