Overview

• Initial Approval: December 6, 1972 (37 FR 25932)
• State Plan Certification: August 3, 1976 (41 FR 32424)
• 18(e) Final Approval: December 18, 1987 (52 FR 48103), amended on January 19, 1997 (62 FR 2560) and June 9, 2000 (65 FR 36619)

South Carolina OSHA (SC OSHA) is part of the South Carolina Department of Labor, Licensing, and Regulation. The main office is located in Columbia.

Coverage

SC OSHA covers private sector and state and local government workplaces in the state with the exception of:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
3. Employment on military bases;
4. 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;
5. 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 workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC. 1802(3) – regardless of the number of workers – including workers engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed. South Carolina retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities;
6. All working conditions of aircraft cabin crewmembers onboard aircraft in operation; and
7. Any hazard, industry, geographical area, operation or facility over which SC OSHA is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan.

Federal OSHA covers the issues not covered by SC OSHA except for the enforcement of the field sanitation standard and the temporary labor camp standard in the agricultural employment which SC OSHA does not cover, but is carried out by the Wage and Hour Division of the U.S. Department of Labor. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. SC OSHA also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the South Carolina State Plan is included in the Code of Federal Regulations at 29 CFR 1952.1. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

SC OSHA has identically adopted OSHA standards and regulations applicable to private sector and state and local government employment. SC OSHA has adopted the following unique standards:

General Industry

• Spray Finishing Using Flammable, Combustible, and Other Hazardous Materials
• Respiratory Protection
• Powered Industrial Trucks

Construction

• Excavations
• General Safety and Health Requirements

Enforcement Programs

SC OSHA is responsible for the enforcement of occupational safety and health standards. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of regulations are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals. More information on enforcement in SC OSHA can be found on the South Carolina State Plan website.

Voluntary and Cooperative Programs

SC OSHA offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. SC OSHA also offers on-site consultation services which help employers – both state and local government and private sector – comply with SC OSHA and OSHA standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the South Carolina State Plan website.

Informal Conferences and Appeals

Employers, workers, and worker representatives have the right to contest citations issued by SC OSHA. When a citation is contested, the case is reviewed by the South Carolina Administrative Law Court. For more information on these proceedings, please visit the South Carolina State Plan website.