S*210 Session 105 (1983-1984)
S*0210(Rat #0196, Act #0113 of 1983) General Bill, By Drummond, Leventis,
A.S. Macaulay, Setzler and D.S. Taylor
A Bill to amend Chapter 15 of Title 41, Code of Laws of South Carolina, 1976,
relating to occupational health and safety, by adding Article 6 so as to
establish the South Carolina Occupational Health and Safety Review Board, to
provide for its membership and its powers, duties, responsibilities, and
procedures, and to amend Section 41-15-310, relating to the review by the
Commissioner of Labor and the courts of certain occupational health and safety
acts or violations, so as to provide that effective October 1, 1983, or such
later time as the South Carolina Occupational Health and Safety Review Board
is duly constituted, the Board rather than the Commissioner of Labor shall
provide administrative review under the provisions of the Section.
02/08/83 Senate Introduced and read first time SJ-342
02/08/83 Senate Referred to Committee on Labor, Commerce and
Industry SJ-342
03/08/83 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-643
03/15/83 Senate Amended SJ-713
03/15/83 Senate Read second time SJ-714
03/17/83 Senate Read third time and sent to House SJ-747
03/22/83 House Introduced and read first time HJ-1614
03/22/83 House Referred to Committee on Labor, Commerce and
Industry HJ-1614
05/25/83 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3043
05/26/83 House Debate adjourned HJ-3171
05/31/83 House Amended HJ-3280
05/31/83 House Read second time HJ-3280
06/01/83 House Read third time HJ-3329
06/01/83 House Returned HJ-3329
06/02/83 Senate Concurred in House amendment and enrolled SJ-1748
06/09/83 Ratified R 196
06/14/83 Signed By Governor
06/14/83 Effective date 06/14/83
06/14/83 Act No. 113
06/24/83 Copies available
(A113, R196, S210)
AN ACT TO AMEND CHAPTER 15 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OCCUPATIONAL HEALTH AND SAFETY, BY ADDING ARTICLE 6 SO AS TO
ESTABLISH THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD,
TO PROVIDE FOR ITS MEMBERSHIP AND ITS POWERS, DUTIES, RESPONSIBILITIES, AND
PROCEDURES, AND TO AMEND SECTION 41-15-310, RELATING TO THE REVIEW BY THE
COMMISSIONER OF LABOR AND THE COURTS OF CERTAIN OCCUPATIONAL HEALTH AND
SAFETY ACTS OR VIOLATIONS, SO AS TO PROVIDE THAT EFFECTIVE OCTOBER 1, 1983, OR
SUCH LATER TIME AS THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY
REVIEW BOARD IS DULY CONSTITUTED, THE BOARD RATHER THAN THE COMMISSIONER
OF LABOR SHALL PROVIDE ADMINISTRATIVE REVIEW UNDER THE PROVISIONS OF THE
SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Occupational Health and Safety Board established
SECTION 1. Chapter 15 of Title 41 of the 1976 Code is amended by adding:
"Article 6
South Carolina Occupational Health and Safety Review Board
Section 41-15-600. (a) There is created the South Carolina Occupational Health and Safety Review Board
which shall consist of six members. Members of the board shall be selected from among those persons who
by reason of training, education, experience, or knowledge of the law are qualified to carry out the functions
of the board under this chapter. One member shall be elected from each congressional district of this State
by the resident members of the General Assembly from that district. The senior senator from each
congressional district within sixty days after the effective date of this article, within sixty days prior to the
expiration of the term of the member from that district, and within sixty days after any vacancy has occurred
in that district shall call a meeting of the resident members of the General Assembly from the district to elect
a member of the board from the district.
(b) The terms of the members of the board are four years and until their successors are elected and qualify,
except that the member first elected from the first congressional district shall serve for an initial term of one
year, the members first elected from the second and third congressional districts shall serve for initial terms
of two years each, the member first elected from the fourth congressional district shall serve for an initial term
of three years, and the members first elected from the fifth and sixth congressional districts shall serve for
initial terms of four years each. Vacancies shall be filled for the remainder of the unexpired term by election
in the same manner of the original election.
(c) The members of the board shall annually elect a chairman and such other officers as they deem
necessary. No officer shall serve for more than two consecutive years in that capacity.
(d) The board shall hear and determine all contested cases and shall approve all settlements of such cases
which arise as a result of any citation issued by the Commissioner of Labor pursuant to his authority in this
chapter, any penalty assessed thereunder, and any date set for the abatement of any violations.
(e) The chairman is responsible on behalf of the board for the administrative operations of the board.
(f) Compensation for members of the board, to the extend funds are appropriated therefor by the General
Assembly, shall be set by regulation of the South Carolina Department of Labor. Service on the board shall
not be creditable service for purposes of the South Carolina Retirement System.
Section 41-15-610. (a) The board shall promulgate regulations as may be necessary to establish a procedure
for administrative review of (1) any citation issued by the Commissioner of Labor pursuant to his authority
found in this chapter, (2) any penalty assessed thereunder, or (3) any period for abatement set by the
Commissioner of Labor.
(b) Any employer, employee, or employee representative has the right to appear as a party in any review
proceeding before any member of the board by giving written notice of protest to the board and to the
Commissioner of Labor within twenty days of the receipt of any citation, notice of penalty, or notice of period
of abatement issued by the Commissioner of Labor and affecting the employer, employee, or employee
representative. The Commissioner of Labor must be a party to any proceeding brought pursuant to this
article.
(c) Hearings may be conducted by any member of the board and must follow the rules of evidence as applied
in civil cases in the court of common pleas.
(d) Any party aggrieved by any decision, order, or findings of any member of the board may petition the
entire board for review within thirty days of the service of the decision, order, or findings. Review may be
granted by concurrence of three members of the board not including the hearing member. Full board reviews
shall be conducted by five members only with the original hearing member not sitting. Where all members
are not available due to incapacity or a vacancy, decisions of the hearing member shall not be reversed except
upon the vote of at least three other board members. The review must be upon the record made before the
hearing member and no objection that has not been urged before the hearing member may be considered by
the board.
(e) Any party aggrieved by any decision, order, or findings of the board may petition the court of common
pleas in the county where the employer maintains his principal place of business or where the violation is
alleged to have occurred for a review of the decision, order, or findings. The proceeding shall be instituted
by proper service upon all other parties of the petition for review within thirty days after service of the
decision, order, or findings of the board. The commencement of proceedings under this section shall not,
unless ordered by the court of common pleas, operate as a stay of the order of the board. This review is
subject to all provisions of the State Administrative Procedures Act.
(f) Any decision, order, or findings of the board or any member thereof becomes a final order of the board
upon the thirtieth day after service thereof, except where petition for review has been properly made.
(g) The board shall promulgate regulations as may be necessary to provide for the preparation and
reasonable preservation of a record of the hearings and other proceedings.
Section 41-15-620. (a) The South Carolina Department of Labor shall provide, to the extent of funds
appropriated by the General Assembly, adequate support personnel, including court reporters and clerks, to
fulfill the duties of the board.
(b) The South Carolina Department of Labor shall provide adequate facilities to maintain the records of the
board.
Section 41-15-630. (a) The board or any member thereof may for the purposes of this article subpoena
witnesses, administer or cause to be administered oaths, and examine or cause to be examined the books and
records of the parties to proceedings before it as relate to questions in dispute.
(b) Any party desiring discovery by deposition, interrogatory, or entry upon designated land or other
property in the possession or control of another party shall apply to the hearing member of the board for an
order directing such discovery. In the event that the hearing member grants an application for the conduct
of the discovery proceedings, the order must set forth appropriate time limits and such other limits as required
by law.
Section 41-15-640. The court of common pleas shall, upon application by the board or any member thereof,
or by any party to a proceeding before it, enforce by proper proceedings the attendance and testimony of
witnesses and the production and examination of books, papers, and records and may punish as for contempt
of court, by fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or
produce books, papers, and records as may have been required in any subpoena issued by the board or any
member thereof. The board or any member thereof may issue to the sheriff of the county in which any
hearing is held a warrant requiring him to produce at the hearing any witness who has ignored or failed to
comply with any subpoena issued by the board which has been duly served upon the witness. The warrant
shall authorize the sheriff to arrest and produce at the hearing the witness and it is his duty to do so. The
failure of a witness to appear in response to a subpoena may be excused on the same grounds as provided by
law in the courts of this State as to the attendance of witnesses and jurors."
Regulations
SECTION 2. Section 41-15-310 of the 1976 Code is amended to read:
"Section 41-15-310. The Commissioner of Labor shall promulgate regulations as may be necessary
to establish a procedure for administrative review before the Commissioner or his authorized representative
or representatives for any employer or employee or employee's representative affected or aggrieved by (1)
any act of the Commissioner, (2) any citation issued by the Commissioner, (3) any penalty assessed by the
Commissioner, or (4) any period of abatement set by the Commissioner.
Any employer, employee or their representatives has the right to appear as a party in any review proceedings
before the Commissioner or his authorized representative or representatives by giving written notice to the
Commissioner of Labor within twenty days of the act or receipt of citation, or notice of the penalty or period
of abatement.
Within a reasonable time, the Commissioner shall make and serve in writing, upon each party, his decision,
which becomes final upon the thirtieth day after service thereof.
Any employer or employee or their representative or representatives aggrieved by any order or findings of
the Commissioner may obtain a review of the order or findings by petitioning the court of common pleas in
the county where the employer maintains his principal place of business or where the violation is alleged to
have occurred for a review of the order or findings by proper service upon the Commissioner of Labor within
thirty days after service upon the party of the decision of the Commissioner. The commencement of
proceedings under this section shall not, unless ordered by the court, operate as a stay of the order of the
Commissioner. No objection that has not been urged before the Commissioner shall be considered by the
court.
Notwithstanding the above provisions of this section, on October 1, 1983, or such later time as the South
Carolina Occupational Health and Safety Review Board is duly constituted, the Commissioner of Labor shall
cease to provide administrative review pursuant to this section. All matters pending before the Commissioner
of Labor pursuant to this section and the regulations hereunder shall be transferred to the South Carolina
Occupational Safety and Health Review Board on October 1, 1983, or such later time as it is duly
constituted."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |