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Public Information Policy

Beginning February 1, 1994, the following Public Information Policy concerning the files of the S.C. Department of Labor, Licensing and Regulation will be implemented:

I. DISCLOSURE

The South Carolina General Assembly made significant changes to the Freedom of Information Act in 2002. 2002 Act 339. It also enacted the Family Privacy Protection Act of 2002. 2002 Act 225. The result of these changes has been that access to certain information which was once public record is now restricted in the name of homeland security or family and personal privacy. The South Carolina Department of Labor, Licensing and Regulation complies with the current statutes.

DIVISION OF ADMINISTRATION

All financial files are available for public viewing. Information regarding salary, employment date, grade, job description, position questionnaire, sex, race, name and title of employees is available for public viewing. No other information contained in personnel files will be released without the written authorization of the employee whose file is requested.

DIVISION OF FIRE AND LIFE SAFETY

All licensing files are available for public viewing. Complaint and accident files are available upon completion of investigation.

DIVISION OF LABOR
  • Office of Elevators and Amusement Rides- Inspection records and accident investigation summaries are available for public viewing.
  • Office of Mediation for Organized Labor - No files are available for public viewing (see S.C. Department of Labor, Licensing and  Regulation, Rules and Regulations, Chapter 71, Article 4).
  • Office of Occupational Safety and Health (OSH) – The basis for policy on disclosure of OSH files is S.C. Department of Labor, Licensing and Regulation, Rules and Regulations, Chapter 71, Article 1, Subarticle 11.

(A) All Office of Occupational Safety and Health files will become available for public viewing after the employer has acknowledged receipt of the citation or after a decision has been made not to issue a citation. NO OSH FILE WILL BE AVAILABLE FOR VIEWING UNTIL SUCH TIME AS AN EMPLOYER HAS ACKNOWLEDGED RECEIPT OF THE CITATION.

(B) When OSH files become available for public viewing, the following documents may be disclosed, except so far as they reveal sensitive material. Sensitive material shall include witness identity, witness statements, complainant's indentity, financial statements of employers, accident and injury records maintained by the employer, consultation reports, discrimination files, correspondence and work product of legal counsel, and other information deemed "sensitive" by the Director, S.C. Department of Labor, Licensing and Regulation: SCDOSH-1 (Inspection Report); SCDOSH-2 (Citation and Notification of Penalty); SCDOSH-2B (Notification of Failure to Correct Alleged Violation & Proposed Additional Penalty); SCDOSH-7 (Notice of Alleged Safety or Health Hazards); DOSH-C-1C (Narrative); DOSH-C-2C (Employer Responsibilities); DOSH-C-5 (Accident Investigation Report); DOSH-C-8 (Imminent Danger Citation); DOSH-C-9 (Hazards Not Covered by a Standard); DOSH-C-10 (Penalty Assessment Worksheet); DOSH-C-12 (Opening and Closing Conference Summary); DOSH-C-13 (Case Action Report); DOSH-C-15 (Corrective Action Form); DOSH-C- 30 (Memorandum for Record); DOSH-C-34 (Informal Conference Memo); DOSH-C-39 (Employer Penalty Option); DOSH-C-40 (Establishment Status Report); DOSH-C-42 (Citation Enclosure Letter); DOSH-C-48 (Data Action Sheet); DOSH-C-50 (Partnership Confirmation); DOSH-C-53 (Time Lapse Form); OSHA-1 (Modification of Inspection Report); OSHA-36s (Accident Report); OSHA-90 (Referral); OSHA-1 66 (Citation Record Update); OSHA-167 1 (Inspection Record Update); OSHA-170 (Investigation Summary); Employer Penalty Option Certificate; Construction Site Information Form; Compliance Officer Contact; List of Chemicals/Substances in Workplace; Employer Targeting Letter; Employee Targeting Letter; Fatality Investigation Information. It should be noted that not all forms exist in every file. (C) Witness identity and witness statements, complainant's identity, financial statements, and accident or injury records maintained by the employer are exempt from disclosure. (D) Trade secrets are exempt from disclosure (see S.C. Department of Labor, Licensing and Regulation, Rules and Regulations, Chapter 71, Article 1, Subarticle 11). (E) Disclosure of papers or documents not listed in paragraph B (i.e. compliance officer worksheets, notes, sampling data sheets, photographs) contained in files for which administrative review is pending may be subject to the rules and orders of the Occupational Health and Safety Review Board. (F) All OSH discrimination files are confidential and may be released only to the employee bringing the action or to the authorized representative of that employee and are exempted from disclosure. (G) All attorney working papers, opinions, and other correspondence and work product of legal counsel are exempted from disclosure.

4. Office of OSHA Voluntary Programs Consultation - reports, both verbal and written reports of findings and recommendations, are provided only to the employer requesting consultation and are exempted from disclosure (see S.C. Department of Labor, Licensing and Regulation, Rules and Regulation, Chapter 71, Article 1, Subarticle 11). VPP applications are available for viewing.

5. Office of Wages and Child Labor - Wage claims, child labor files and final orders for protested cases are available for viewing.

DIVISION OF PROFESSIONAL AND OCCUPATIONAL LICENSING

General information regarding licensees is available. Public final orders of the Boards and Commissions are available for viewing at www.llronline.com. Other information contained in files may be protected from disclosure by statute or regulation.

II. EXAMINATION OF DISCLOSURE MATERIAL

(A) All files which are available for public viewing as prescribed in this policy may be viewed in the offices of the S.C. Department of Labor, Licensing and Regulation during normal business hours. All requests for files shall be directed to the Communications Office, S.C. Department of Labor, Licensing and Regulation, P.O. Box 11329, Columbia, S.C. 29211-1329.

III. REPRODUCTION FEES

(A) Copies of material in Department files normally will be provided without charge when the request requires minimal employee time and photocopying expense (15 pages or less), and when the request will benefit the public interest. Charges may be assessed for repetitive requests.

(B) For requests which require more than minimal employee time and/or photocopying, etc., a reasonable charge will be assessed the person requesting the information. FOIA requests which involve computer programs/runs will be assessed a reasonable charge based on the amount of employee and computer time required. Archival requests will be assessed reproduction fees based on the amount of employee time required to locate requested information. Reproduction charges will be levied as follows:

  • photocopies - 15 cents per copy
  • microfiche - 20 cents per copy
  • photographs - actual cost incurred to produce same
  • color prints, video tapes - actual cost incurred to produce same
  • research and  retrieval - $5 for each FOIA request processed
 IV. DISCLAIMER

Regulations and statutes on release of records and fees to be charged, in place for some boards and commissions, will take precedence over this policy.

Revised: February 1, 2011.

Synergy Business Park; Kingstree Building
110 Centerview Dr.
Columbia, S.C. 29210
(803) 896-4300 | Office Hours: 8:30 a.m.- 5:00 p.m.

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