S.C. OSHA Holds Hearing

On December 1, 2010, the South Carolina Department of Labor, Licensing and Regulation held a public hearing to establish new standards and to revise existing health and safety standards for 29 CFR part 1926, as necessary to comply with federal laws.

Standards presented at the public hearing were published in the South Carolina State Register on January 28, 2011. These revisions encompassed a number of new and existing South Carolina Occupational Safety and Health Administration standards.

South Carolina Occupational Safety and Health Administration has removed 1926.31 - Incorporation by Reference, and added 1926.6 - Incorporation by Reference. This change is for organizational purposes and to list all documents and consensus codes incorporated by reference into 29 CFR part 1926 from its previous location in the “Finding Aids” of the CFR. The Federal Register will no longer publish a hard copy of the “Finding Aids” list. The placement of the incorporation by reference section in 1926.6 parallels the designation in the general industry standards, 1910.6.

Additionally, S.C. OSHA made amendments to 1926.450, 1926.500, 1926.553, 1926.600, 1926.753, 1926.800, 1926.856, 1926.858, 1926.952, 1926.952, and 1926.1050, due to the sections and subparts being affected by the promulgation of 1926 subparts CC and DD.

S.C. OSHA standard 1926.550 - Cranes and Derricks has been redesignated to 1926.1501, and section 1926.550 has been reserved. In addition to the aforementioned changes, S.C. OSHA has added two new subparts to 29 CFR 1926. The new additions are Subpart CC - Cranes and Derricks in Construction and Subpart DD - Cranes and Derricks Used in Demolition and Underground Construction. Cranes and derricks used in construction were previously regulated by section 1926.550. Subpart CC of 1926 updates and specifies industry work practices necessary to protect employees during the use of cranes and derricks in construction. The final standard addresses advances in the designs of cranes and derricks, related hazards, training, certification and qualifications of employees needed to operate them safely. Section 1926.1501 in subpart DD is former section 1926.550. The regulation is the same.

These revisions were published in the Federal Register, Volume 75, Number 152, pages 47905-48177, dated August 9, 2010.

As with all new Federal OSHA standards, South Carolina, which administers its own state plan, has six months to promulgate standards containing identical information as the Federal standard or its own version that is at least as effective as the Federal standard.

Standards presented at the October public hearing were published in the South Carolina State Register on January 28, 2011, and became effective on this date.