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Ex. DUT-SC-008 Standing duty Primary source read

S.C. Code Regs. Chapter 71, Article 1 (Occupational Safety and Health): Reg. 71-108 (Incorporation by Reference), Reg. 71-112 (General Duty Clause), Subarticle 6 (South Carolina Occupational Safety and Health Standards for General Industry)

Occupational Safety and Health regulations: general duty clause; incorporation by reference of federal standards; general industry standards identical to 29 C.F.R. Part 1910

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), by regulation under § 41-15-210 · South Carolina (State)

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The record

Jurisdiction
South Carolina
Level
State
Authority
S.C. Code Regs. 71-108, 71-112; 71 S.C. Code Regs. art. 1, subart. 6
Issued
1975-01-01 Jan. 1, 1975
Effective
in force throughout 2020 Q2 to 2021 Q3 (read as 1975-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 1975 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers; employees
Character
workplace duty
Collection
Standing duties: South Carolina DUT-SC

Operative words

Employers shall maintain a place of employment which is free of recognized hazards which may cause death or serious physical harm to his employees and he shall comply with this regulation and other occupational safety and health rules and regulations promulgated under Chapter 15 of Title 41, Code of Laws, State of South Carolina, 1976, as amended.

Penalty

citations and civil penalties under S.C. Code Ann. §§ 41-15-280 to 41-15-320

What it required

Employers must maintain a workplace free of recognized hazards and comply with every State occupational safety and health regulation; the federal standards incorporated by reference 'have the same force and effect as other standards in this article'; the general industry standards 'identical to the federal regulations contained in 29 CFR 1910' (personal protective equipment, respiratory protection, sanitation, bloodborne pathogens, hazard communication) bind every general-industry employer.

Retrieval note

Reg. 71-108(A): 'The standards of agencies of the U.S. Government which are legally incorporated by reference in this article, have the same force and effect as other standards in this article.' Subarticle 6 note: 'This subarticle is identical to the federal regulations contained in 29 CFR 1910, entitled "Occupational Safety and Health Standards for General Industry", except for the following modifications' (Subparts A and B of Part 1910 excepted, § 1910.19 retained). Whether SC OSHA adopted the federal COVID-19 Healthcare Emergency Temporary Standard (29 C.F.R. § 1910.502, June 21, 2021) was not verified in this session and is not asserted.