South Carolina General Assembly
110th Session, 1993-1994

Bill 355


                    Current Status
Introducing Body:               Senate
Bill Number:                    355
Ratification Number:            151
Act Number:                     121
Primary Sponsor:                Martin
Type of Legislation:            GB
Subject:                        Labor Commissioner,
                                industrial accidents
Date Bill Passed both Bodies:   19930601
Computer Document Number:       355
Governor's Action:              S
Date of Governor's Action:      19930614
Introduced Date:                19930203
Date of Last Amendment:         19930526
Last History Body:              ------
Last History Date:              19930614
Last History Type:              Act No. 121
Scope of Legislation:           Statewide
All Sponsors:                   Martin
                                Giese
                                J. Verne Smith
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
355    ------  19930614      Act No. 121
355    ------  19930614      Signed by Governor
355    ------  19930610      Ratified R 151
355    Senate  19930601      Concurred in House amendment,
                             enrolled for ratification
355    House   19930527      Read third time, returned to
                             Senate with amendment
355    House   19930526      Amended, read second time
355    House   19930519      Committee Report: Favorable     26
                             with amendment
355    House   19930406      Introduced, read first time,    26
                             referred to Committee
355    Senate  19930401      Read third time, sent to House
355    Senate  19930331      Amended, read second time,
                             unanimous consent for third
                             reading on Thursday, April 1,
                             1993
355    Senate  19930330      Committee Report: Favorable     12
                             with amendment
355    Senate  19930203      Introduced, read first time,    12
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A121, R151, S355)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-195 SO AS TO REQUIRE THE WORKERS COMPENSATION COMMISSION TO COOPERATE WITH AND PROVIDE CONFIDENTIAL INFORMATION TO THE COMMISSIONER OF LABOR AND PROVIDE LIMITED USES FOR THE INFORMATION, PROVIDE THAT THE INFORMATION IS EXEMPT FROM THE FREEDOM OF INFORMATION ACT, PROVIDE THAT THE COMMISSIONER OF LABOR MAY REVEAL IT TO THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ON A CONFIDENTIAL BASIS IF CERTAIN CONDITIONS ARE MET, AND PROVIDE THAT, WITH THE EXCEPTION OF A WORKERS COMPENSATION CLAIM, THE INFORMATION MAY NOT BE PLACED IN EVIDENCE OR PERMITTED TO BE ARGUED TO ANY COURT, JURY, OR OTHER ADJUDICATORY BODY.

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

Information and statistics to be provided

SECTION 1. The 1976 Code is amended by adding:

"Section 42-3-195. The commission shall cooperate with and provide information and statistics to the South Carolina Commissioner of Labor, which the Commissioner of Labor and his designees may use solely for the following limited purposes:

(1) scheduling inspections pursuant to Section 41-15-260 for compliance with occupational safety and health rules and regulations;

(2) statistical evaluation of hazards.

The information and statistics provided pursuant to this section are confidential and exempt from disclosure pursuant to the Freedom of Information Act, except that the Commissioner of Labor may reveal to the federal Occupational Safety and Health Administration, on a confidential basis, the results of statistical evaluations of hazards as long as no identifying information is revealed.

Upon trial of any action other than a workers' compensation claim, such information shall not be placed in evidence or be permitted to be argued to any court, jury, or other adjudicatory body."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.