Gov. McMaster sues Biden administration’s OSHA

South Carolina’s civil penalties are set by state law which means a new law would need to be...
South Carolina’s civil penalties are set by state law which means a new law would need to be debated and passed by the General Assembly each year if OSHA is allowed to continue with its current course of action.
Published: Aug. 10, 2022 at 4:06 PM EDT
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COLUMBIA, S.C. (WIS) - Governor Henry McMaster, along with the South Carolina Department of Labor, Licensing and Regulation (LLR), announced a lawsuit and a motion for a preliminary injunction against the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA).

The governor’s lawsuit seeks to prohibit OSHA from having control of making the state workplace safety and health plan.

The lawsuit asks for the U.S. District Court for the District of South Carolina to declare OSHA’s mandate in the 2022 annual adjustment, which stated civil penalties be at least as great as federal civil penalties, unlawful.

McMaster also is asking the court to reverse OSHA’s final approval of South Carolina’s state plan, or to take any adverse action against the state plan while this litigation is ongoing.

“South Carolina OSHA has run its own state plan for more than four decades, consistently outperforming federally-run plans and helping to foster safe work environments for our people – all while maintaining our reputation as a state where companies want to do business,” Gov. McMaster said.

South Carolina’s civil penalties are set by state law which means a new law would need to be debated and passed by the General Assembly each year if OSHA is allowed to continue with its current course of action.

“This attempt to unlawfully demand the state plan change the civil penalties sets a dangerous precedent not just for South Carolina, but for every other state managing its own plan. This is yet another example of federal bureaucrats – rather than elected officials – trying to make law outside of the constitutional process. We will do everything in our power to protect South Carolinians from this kind of overreach,” Gov. McMaster said.

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