[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.94]

[Page 25-26]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
                        Subpart C--South Carolina
 
Sec. 1952.94  Final approval determination.

    (a) In accordance with section 18(e) of the Act and procedures in 29 
CFR part 1902, and after determination that the State met the ``fully 
effective'' compliance staffing benchmarks as revised in 1984 in 
response to a Court Order in AFL-CIO v. Marshall (CA 74-406), and was 
satisfactorily providing reports to OSHA through participation in the 
Federal-State Integrated Management Information System, the Assistant 
Secretary evaluated actual operations under the South Carolina State 
plan for a period of at least one year following certification of 
completion of developmental steps (41 FR 32424). Based on the 18(e) 
Evaluation Report for the period of December 1, 1985, through January 
31, 1987, and after opportunity for public comment, the Assistant 
Secretary determined that in operation the State of South Carolina's 
occupational safety and health program is at least as effective as the 
Federal program in providing safe and healthful employment and places of 
employment and meets the criteria for final State plan approval in 
section 18(e) of the Act and implementing regulations at 29 CFR part 
1902. Accordingly, the South Carolina plan was granted final approval 
and concurrent Federal enforcement authority was relinquished under 
section 18(e) of the Act effective December 15, 1987.
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of employment 
in South Carolina. The plan does not cover private sector maritime 
employment; military bases; Federal government employers and employees; 
the U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations; private sector employment at Area D of the Savannah River 
Site (power generation and transmission facilities operated by South 
Carolina Electric and Gas) and at the Three Rivers Solid Waste 
Authority; the enforcement of the field sanitation standard, 29 CFR 
1928.110, and the temporary labor camps standard, 29 CFR 1910.142, with 
respect to any agricultural establishment where employees are engaged in 
``agricultural employment'' within the meaning of the Migrant and 
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), 
regardless of the number of employees, including employees engaged in 
hand packing of produce into containers, whether done on the ground, on 
a moving machine, or in a temporary packing shed, except that South 
Carolina retains enforcement responsibility over agricultural temporary 
labor camps for employees engaged in egg, poultry, or red meat 
production, or the post-harvest processing of agricultural or 
horticultural commodities.
    (c) South Carolina is required to maintain a State program which is 
at least as effective as operations under the Federal program; to submit 
plan supplements in accordance with 29 CFR part 1953; to allocate 
sufficient safety and health enforcement staff to meet the benchmarks 
for State staffing established by the U.S. Department of

[[Page 26]]

Labor, or any revisions to those benchmarks; and, to furnish such 
reports in such form as the Assistant Secretary may from time to time 
require.

[52 FR 48111, Dec. 18, 1987, as amended at 62 FR 2560, Jan. 17, 1997; 65 
FR 36619, June 9, 2000]