South Carolina Governor Sues OSHA — Occupational Health & Safety

South Carolina Governor Sues OSHA

The lawsuit lists South Carolina Governor Henry McMaster and the South Carolina Division of Labor, Licensing & Regulation because the plaintiffs.

• By Alex Saurman
• Aug 25, 2022

The Governor of South Carolina is suing OSHA over the requirement of state plans to extend civil penalties.

States with state OSHA plans are required by OSHA to have penalties “no less than as efficient” as federal penalties, in line with OSHA. The lawsuit, filed on August 8, says that on January 14, OSHA up to date its 2022 Annual Changes to OSHA Civil Penalties to mirror a rise in civil penalties.

This lawsuit challenges this yr’s adjustment requirement and asks for the mandate to be “declare[d] illegal,” in line with a press launch.

“South Carolina’s penalties are set by statute, and the Common Meeting didn’t amend that statute earlier than it adjourned its common session in 2022,” in line with the lawsuit, which lists South Carolina Governor Henry McMaster and the South Carolina Division of Labor, Licensing and Regulation (LLR) because the plaintiffs.

In April 2022, OSHA introduced it was proposing to rethink or revoke Arizona’s state plan as a result of the state allegedly didn’t meet federal penalty ranges and requirements. “[Governor McMaster’s] lawsuit seeks to ban OSHA from taking the identical or comparable motion in opposition to South Carolina’s state plan,” in line with the press launch. McMaster and LLR additionally filed a movement for a preliminary injunction.

The 2022 adjustment raised the utmost penalty for critical and aside from critical violations from $13,653 to $14,502, and willful or repeated violations from $136,532 to $145,027, in line with a commerce launch.

At present, the federal penalty quantities are:

• $1,036 minimal, $14,502 most for every critical violation
• $0 minimal, $14,502 most for every other-than-serious violation
• $10,360 minimal, $145,027 most for every willful or repeated violation
• $0 minimal, $14,502 most for every posting requirement violation
• $14,502 most for every day failure to abate violations aren’t abated after a time frame