396-1 Short title.
§396-1 Short title. This chapter shall be known as the “Hawaii Occupational Safety and Health Law”. [L 1972, c 57, pt of §1]
396-10 Violations and penalties.
§396-10 Violations and penalties. (a) Any employer who violates this chapter, or any occupational safety and health standard promulgated hereunder or any rule issued under the authority of this chapter, or who violates or fails to comply with any citation, notice, or order made under or by virtue of this chapter or under or by […]
396-11 Review.
§396-11 Review. (a) Any citation, proposed penalty, or order of the director shall be final and conclusive against the employer unless the employer files with the director a written notice of contest of the citation, the abatement period stated in the citation, the proposed penalty, or order within twenty days after receipt of the citation, […]
396-11.5 Appeals board.
§396-11.5 Appeals board. (a) In any hearing conducted by the appeals board under this chapter and pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail or by electronic service through a company designated by the board at least fifteen days before the hearing. (b) […]
396-12 Judicial review.
§396-12 Judicial review. Except where an order has already become final for failure to contest, the decision and order of the appeals board shall be final and conclusive unless the director or any party to the proceedings before the appeals board obtains a review thereof in the manner provided in chapter 91 by instituting proceedings […]
396-13 Trade secrets.
§396-13 Trade secrets. Information obtained by the department containing or revealing a trade secret shall be held confidential and access shall be limited to authorized representatives of the director concerned with carrying out this chapter or when relevant in any proceeding under this chapter. In such proceeding the director, the appeals board, or the court […]
396-14 Evidence.
§396-14 Evidence. No record or determination of any administrative proceeding under this chapter or any statement or report of any kind obtained, received, or prepared in connection with the administration or enforcement of this chapter shall be admitted or used, whether as evidence or as discovery, in any civil action growing out of any matter […]
396-15 Exception to liability.
§396-15 Exception to liability. Any employee who is required by the regulations under this chapter to be trained and certified in first aid, and consequently renders first aid care as provided by this chapter, shall not be liable for any civil damages resulting from the employee’s acts or omissions, except for such damages as may […]
396-16 Exception for federal jurisdiction.
§396-16 Exception for federal jurisdiction. Nothing in this chapter shall apply to working conditions of employees with respect to which any federal agency exercises statutory authority to prescribe and enforce standards or regulations affecting occupational safety or health. [L 1977, c 179, §5]
396-17 REPEALED.
§396-17 REPEALED. L 1999, c 28, §2.
396-18 Safety and health programs for contractors bidding on state construction jobs.
§396-18 Safety and health programs for contractors bidding on state construction jobs. (a) All bids and proposals in excess of $100,000 for state construction jobs as defined in section 103D-104 shall include a signed certification from the bidder or offerer that a written safety and health plan for the job will be available and implemented […]
396-19 Hoisting machine operators advisory board
§396-19 Hoisting machine operators advisory board. (a) There is created a hoisting machine operators advisory board, which shall be placed in the department for administrative purposes, to be composed of five members to serve without compensation and without reimbursement for expenses. Members shall be appointed by the governor under section 26-34. The board shall adopt […]
396-2 Findings and purpose.
§396-2 Findings and purpose. Through years of research and study, Congress has found that the number of industrial accidents that take place in the United States can be reduced if certain minimum standards are established and enforced. Congress has also found that personal injuries and illnesses arising out of work situations impose a substantial burden […]
396-20 REPEALED.
§396-20 REPEALED. L Sp 2021, c 9, §18.
396-3 Definitions.
§396-3 Definitions. When used in this chapter: “Aggravating character” means circumstances and behavior that increase the seriousness or outrageousness of contemptuous conduct. “Appeals board” means the Hawaii labor relations board. “Certified safety professional” means an individual who is certified by the board of certified safety professionals. “Dealer” means, for the purpose of the section concerning […]
396-4 Powers and duties of department.
§396-4 Powers and duties of department. (a) Administration. The department shall be responsible for administering occupational safety and health standards throughout the State. (1) The department shall prescribe and enforce rules under chapter 91 as may be necessary for carrying out the purposes and provisions of this chapter. The department shall make reports to the […]
396-4.5 Certification of safety and health professionals.
§396-4.5 Certification of safety and health professionals. (a) Only individuals receiving certification from the department as safety and health professionals shall be qualified to certify that an employer: (1) Has an effective safety and health program; and (2) Qualifies for a reduction in workers’ compensation insurance premiums under section 431:14-103(b). (b) Certification as a safety […]
396-5 REPEALED.
§396-5 REPEALED. L 1980, c 19, §3.
396-5.1 Fees.
§396-5.1 Fees. (a) The director may establish fees pursuant to chapter 91 to be charged for the following: (1) Any aspect relating to the issuance of permits, certificates, or licenses required by this chapter or rule adopted by the director; (2) Searching, reviewing, segregating, and providing records pursuant to chapter 92F requests where such fees […]
396-5.5 REPEALED.
§396-5.5 REPEALED. L 1980, c 19, §4.