If, upon inspection or investigation, the Director or his authorized representative ascertains that an employer has violated a requirement of any rule or regulation promulgated pursuant to this article, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation or violations, including a reference to any statute or rule or regulation alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. The Director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. Such notice shall have the effect of a recommendation to the employer; compliance will not be required.
Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Director, at or near each place a violation referred to in the citation occurred.
No citation may be issued under this section after the expiration of six months following the occurrence of any violation.
HISTORY: 1962 Code Section 40-268; 1971 (57) 505; 1973 (58) 371.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 15 - Occupational Health And Safety
Section 41-15-10. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.
Section 41-15-50. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.
Section 41-15-90. Employers shall inform employees of protections and obligations; exceptions.
Section 41-15-100. Exposure of employees to potentially harmful materials.
Section 41-15-210. Director may promulgate, modify, or revoke rules and regulations.
Section 41-15-230. Effective dates.
Section 41-15-240. Temporary permits for variances.
Section 41-15-250. Permits for permanent variances.
Section 41-15-270. Subpoenas and taking testimony.
Section 41-15-280. Citation for violation; notice in lieu of citation.
Section 41-15-290. Correction of dangerous conditions or practices; injunctions; mandamus.
Section 41-15-300. Notice of penalties.
Section 41-15-310. Appeal of Division of Labor decisions to administrative law judge.
Section 41-15-330. Action when penalty is not paid within thirty days.
Section 41-15-520. Remedies of an employee charging discrimination.
Section 41-15-600 to 41-15-640. Repealed by 2008 Act No. 188, Section 3, eff January 1, 2009.