H 3511 General Bill, By  House 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.

   02/13/91  House  Introduced, read first time, placed on calendar
                     without reference HJ-17
   02/19/91  House  Read second time HJ-12
   02/20/91  House  Read third time and sent to Senate HJ-26
   02/21/91  Senate Introduced and read first time SJ-5
   02/21/91  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-6

INTRODUCED

February 13, 1991

H. 3511

Introduced by Labor, Commerce and Industry Committee

S. Printed 2/13/91--H.

Read the first time February 13, 1991.

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.

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

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 ten seventy thousand dollars for each violation."

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 one seven thousand dollars for each such violation."

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 one seven thousand dollars for each such violation."

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 one seven thousand dollars for each day during which such failure or violation continues."

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 one seven thousand dollars for each violation."

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