S.C. Code Regs. § § 71-1010

Current through Register Vol. 48, No. 10, October 25, 2024

Section 71-1010 - Proceedings Under or Relating to the Act

A. Discharge of, or discrimination against, any employee because the employee has "instituted, or caused to be instituted, any proceeding under or relating" to job safety and health is also prohibited by Section 41-15-510. Examples of proceedings which could arise specifically under the occupational safety and health statutes, rules, or regulations would include, but not necessarily be limited to, the following: inspections of worksites under Section 41-15-260 of the Act; proceedings to contest any citation, penalty, period of abatement, or other acts of the Commissioner under Section 41-15-310; proceedings to revoke or modify a variance under Section 41-15-250; proceedings for a writ of mandamus concerning imminently dangerous conditions under Section 41-15-290(d); proceedings before the courts of common pleas for review of any order or findings of the Commissioner under Section 41-15-310; proceedings in opposition to a modification of an abatement period under R. 71-405(C) of Subarticle 4; informal conferences under R. 71-406 of Subarticle 4; and, of course, proceedings to remedy prior discrimination under Section 41-15-520 of the Act.

B. Section 41-15-510 also protects employees who bring about proceedings "relating to" occupational safety and health statutes, rules, or regulations. A wide variety of proceedings in addition to those set forth above relate to job safety and or health. Such proceedings would include, but not be limited to, federal proceedings under the Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et. seq., proceedings by other State agencies with jurisdiction over safety and health matters affecting employees, proceedings involving the Department of Labor or allied agencies under the general administrative law of the State (e.g., Section 1-23-150 or 30-4-30(c), Code of Laws of South Carolina, 1976, as amended), and any private legal remedies which an employee may have. The determination of whether any other proceeding relates to job safety or health must be made on a case-by-case basis. The considerations discussed in R. 71-1009 would be applicable.

S.C. Code Regs. § 71-1010