S*0716(Rat #0054, Act #0025 of 1991)  General Bill, By 
Senate Labor, Commerce and Industry
 A Bill to amend Section 41-15-320, Code of Laws of South Carolina, 1976,
 relating to penalties for violating rules, regulations, or orders of the
 Commissioner of Labor under the occupational health and safety laws, so as to
 provide that any employer who wilfully or repeatedly violates any occupational
 safety or health rule or regulation promulgated under these laws may be
 assessed a civil penalty of not more than seventy thousand, rather than ten
 thousand, dollars for each violation, and to change the maximum civil penalty
 which may be assessed for violating certain other related rules, regulations,
 or orders from one thousand dollars to seven thousand dollars.

   02/27/91  Senate Introduced, read first time, placed on calendar
                     without reference SJ-9
   02/28/91  Senate Read second time SJ-12
   02/28/91  Senate Ordered to third reading with notice of
                     amendments SJ-12
   04/04/91  Senate Read third time and sent to House SJ-23
   04/09/91  House  Introduced, read first time, placed on calendar
                     without reference HJ-8
   04/10/91  House  Read second time HJ-25
   04/11/91  House  Read third time and enrolled HJ-44
   04/18/91         Ratified R 54
   04/24/91         Signed By Governor
   04/24/91         Effective date 04/24/91
   04/24/91         Act No. 25
   05/03/91         Copies available

AN ACT TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

Maximum penalty increased

SECTION 1. Section 41-15-320(a) of the 1976 Code is amended to read:

"(a) Any employer who wilfully or repeatedly violates any occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of not more than seventy thousand dollars for each violation."

Maximum penalty increased

SECTION 2. Section 41-15-320(b) of the 1976 Code is amended to read:

"(b) Any employer who has received a citation for a serious violation of an occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of up to seven thousand dollars for each such violation."

Maximum penalty increased

SECTION 3. Section 41-15-320(c) of the 1976 Code is amended to read:

"(c) Any employer who has received a citation for a violation of an occupational safety or health rule or regulation or order promulgated pursuant to this article, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to seven thousand dollars for each such violation."

Maximum penalty increased

SECTION 4. Section 41-15-320(d) of the 1976 Code is amended to read:

"(d) Any employer who fails to correct a violation for which a citation has been issued under Section 41-15-280 within the period permitted for its correction (which period shall not begin to run until the date of the final order of the commissioner in the case of any review proceeding initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be assessed a civil penalty of not more than seven thousand dollars for each day during which such failure or violation continues."

Maximum penalty increased

SECTION 5. Section 41-15-320(f) of the 1976 Code is amended to read:

"(f) Any employer who violates any of the posting requirements, as prescribed under the provisions of this article, may be assessed a civil penalty of up to seven thousand dollars for each violation."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 24th day of April, 1991.