S.C. Code Regs. § § 71-1009

Current through Register Vol. 48, 12, December 27, 2024

Section 71-1009 - Complaints Under or Relating to the Act

A. Discharge of, or discrimination against, an employee because the employee has filed "any complaint. . . under or relating to" occupational safety and health statutes, rules, or regulations is prohibited by Section 41-15-510. An example of a complaint made "under" the Act would be an employee request for inspection pursuant to Section 41-15-260. However, this would not be the only type of complaint protected by Section 41-15-510. The range of complaints "relating to" the Act is commensurate with the broad remedial purposes of this legislation and the sweeping scope of its application, which entails the full extent of the State's police power. (Cf. Cong. Rec., vol. 116 p. 42206 Dec. 17, 1970).

B. Complaints registered with other State agencies which have the authority to regulate or investigate occupational safety and health conditions are complaints "relating to" this Act. Likewise, complaints made to Federal or local agencies regarding occupational safety and health conditions would be "relating to" the Act. Such complaints, however, must relate to conditions at the workplace, as distinguished from complaints touching only upon general public safety and health.

C. Further, the salutory principles of the Act would be seriously undermined if employees were discouraged from lodging complaints about occupational safety and health matters with their employers. Such complaints to employers, if made in good faith, therefore would be relating to the Act, and an employee would be protected against discharge or discrimination caused by a complaint to the employer.

S.C. Code Regs. § 71-1009