COLUMBIA, S.C. (WJBF) — South Carolina Governor Henry McMaster is suing the Biden Administration’s U.S. Department of Labor and the Occupational Safety and Health Administration.

In a statement provided by the Governor’s Office, the lawsuit comes as OSHA is requiring states like South Carolina with state-administered OSHA plans to increase civil penalties against employers to the level of federal penalties.

“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. 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.”

South Carolina Governor Henry McMaster

McMaster’s lawsuit comes as OSHA started to revoke Arizona’s state plan for similar circumstances. The lawsuit wants the U.S. District Court to declare the OSHA mandate “unlawful” and to stop OSHA from requiring South Carolina to follow through with the mandate. It also seeks to block OSHA from taking any action against the state plan during litigation.

“South Carolina’s civil penalties are set by state law, meaning a new law would need to be debated and passed by the General Assembly each year if OSHA is permitted to continue with its current course of action,” said the Governor’s Office in a statement.