Hawaii Revised Statutes 396. Occupational Safety and Health

  • 396-1 Short Title.
    This chapter shall be known as the "Hawaii Occupational Safety and Health Law". [L 1972, c 57, pt of §1]
  • 396-2 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...
  • 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...
  • 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...
  • 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...
  • 396-5 Repealed.
    L 1980, c 19, §3.
  • 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...
  • 396-5.5 Repealed.
    L 1980, c 19, §4.
  • 396-6 Employer Responsibility: Safe Place of Employment; Safety Devices and Safeguards.
    (a) Every employer shall furnish to each of the employer's employees employment and a place of employment which are safe as well as free...
  • 396-7 Toxic Materials.
    (a) The department shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which...
  • 396-8 Employee Responsibility and Rights.
    (a) Employee compliance. Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued under this chapter which...
  • 396-9 Explosives.
    (a) No person shall use, store, or deal in explosives unless the person has first obtained a certificate of fitness. A certificate of fitness...
  • 396-10 Violations and Penalties.
    (a) Any employer who violates this chapter, or any occupational safety and health standard promulgated hereunder or any rule or regulation issued under the...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 396-17 Repealed.
    L 1999, c 28, §2.
  • 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...
  • 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...
  • 396-20 Hoisting Machine Operators' Certification Revolving Fund.
    (a) There is established in the state treasury a revolving fund to be known as the hoisting machine operators' certification revolving fund into which...

Cross References

Fireworks control law, see chapter 132D.

Case Notes

Company was properly served with, and received, safety violation citation, and mailing the citation to local company representative's residence did not violate company's due process rights where representative was served with the citation by certified mail delivered with return receipt in compliance with Hawaii administrative rule 12-51-15(a), and the mailing was to the "employer" who, under rule 12-50-2, included the representative, who had control over company's employees and was in charge of company's business within the State. 120 H. 135 (App.), 202 P.3d 596 (2009).

Discussed: 87 H. 71, 951 P.2d 934 (1998).

Last modified: October 27, 2016