reglab/housing_qa huggingface dataset:
HI Rev Stat § 396-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|396-6 Employer responsibility: safe place of employment; safety devices and safeguards.

  §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 from recognized hazards. No employer shall require or direct or permit or suffer any employee to go or be in any employment or place of employment which is not free from recognized hazards that are causing or likely to cause death or serious physical harm to employees or which does not comply with occupational safety and health standards, rules, regulations, citations, or orders made pursuant to this chapter except for the specific purpose of abating said hazard.  (b) Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe.  (c) No employer shall construct or cause to be constructed any place of employment that is not safe, and no employer shall occupy or maintain any unsafe place of employment.  (d) Every employer shall make such reports as the Secretary of Labor may require pursuant to Public Law 91596 section 8(c).  (e) Each employer shall make, keep and preserve and make available to the department such records regarding the employer's activities relating to this chapter as the department may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses.  The department shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on work related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.  (f) All employers shall be required to post prominently in the working place all posters and information provided by the department for posting as well as notices informing employees of their rights and obligations under this chapter. [L 1972, c 57, pt of §1; am L 1974, c 152, §3; am L 1976, c 95, §6; gen ch 1985] Case Notes  Statute recognizes limited exception relating to employees permitted on premises to abate specific hazard. 59 H. 53, 575 P.2d 1299 (1978).
HI Rev Stat § 396-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|396-7 Toxic materials.

  §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 are required to be monitored or measured as prescribed under the rules and regulations.  (b) All employers shall prominently post information regarding hazards in the employer's workplace including information about suitable precautions, relevant symptoms, and emergency treatment in case of exposure, and where appropriate, medical examination at no cost to employees with the results of such medical examinations being furnished only to appropriate state officials, and if the employee so requests, to the employee's own physician. Where possible, said information shall additionally be posted or labeled on or near said hazard. Where suitable protective equipment is available, all employers shall provide information concerning their availability and use to the affected employees including control or technological procedures with respect to such hazards including monitoring or measuring exposure.  (c) No employee shall be permitted regular exposure to any substance which may materially impair the employee's health or functional capacity.  (d) All employers shall provide prompt information to employees when they have been or are being exposed to toxic materials and harmful physical agents in concentrations or at levels in excess of those prescribed in the applicable safety and health standards. This information may be fulfilled by:  (1) Observation by employees of the monitoring or measuring of such materials or agents;  (2) Employee access to the records of such monitoring or measuring after notice of exposure, and explanation of said monitoring or measuring procedures where necessary;  (3) In addition to the above, information shall be provided to the employees of corrective action being taken. [L 1972, c 57, pt of §1; gen ch 1985]
HI Rev Stat § 396-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|396-9 Explosives.

  §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 shall only be issued to an individual and shall set forth the individual's competency and provide for the individual's positive identification. Certificates of fitness may be limited as to types or kinds of explosives or to the use of explosives for specific purposes.  (b) No dealer shall sell or deliver explosives to any person who does not hold a certificate of fitness.  (c) It shall be unlawful for any person to use or possess any explosives unless the person has a certificate of fitness or is using the explosives under the immediate supervision and direction of a holder of the certificate.  Any person who violates this section shall be subject to arrest and upon conviction, shall be fined not more than $1,000 or imprisoned not more than one year, or both, provided that an employer or an employee acting within the scope of employment shall not be deemed to be in violation of this section.  (d) Any certificate of fitness issued under this section may be revoked or suspended by the director on any ground specified in the rules adopted under this chapter, or for any violation of this section.  (e) Any certificate issued under this section, during any time of national emergency or crisis, may be suspended or canceled by the director. A national emergency or crisis shall be deemed to exist when it has been so determined under section 134-34.  (f) This section shall not apply to the armed forces of the United States, to employees of the United States, or the state or county police or fire departments who are authorized to handle explosives. [L 1972, c 57, pt of §1; am L 1975, c 50, §3; gen ch 1985; am L 1998, c 259, §3]
HI Rev Stat § 396-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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 in the circuit court of the circuit in which the place of employment, machine, device, apparatus, or equipment is situated or such practice, means, method, operation, or process is employed. The hearing on review shall be on the record and the department shall be deemed a party to any such proceedings. The court shall give precedence to such proceedings over all other civil cases.  The party seeking the review of a decision and order of the appeals board shall bear the cost of preparing a transcript, except as provided by law, in which case the appeals board shall bear the cost of preparing the transcript. [L 1972, c 57, pt of §1; am L 1975, c 50, §6; am L 1976, c 95, §10; am L 2017, c 122, §2; am L 2019, c 212, §2]
HI Rev Stat § 396-13 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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 shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. [L 1972, c 57, pt of §1; am L 1974, c 152, §7; am L 1975, c 50, §7]
HI Rev Stat § 396-14 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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 mentioned in the record, determination, statement, or report other than an action for enforcement or review under this chapter. [L 1972, c 57, pt of §1; am L 1987, c 42, §1] Attorney General Opinions  This section prohibits disclosure of information relating to the identification of witnesses and information given by them in an accident investigation. Att. Gen. Op. 76-3.
HI Rev Stat § 396-15 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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 result from the employee's gross negligence or wanton acts or omissions. [L 1976, c 155, §1; gen ch 1985]
HI Rev Stat § 396-16 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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]
HI Rev Stat § 396-17 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|396-17 REPEALED.

  §396-17 REPEALED. L 1999, c 28, §2.
HI Rev Stat § 396-18 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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 by the notice to proceed date of the project. The written safety and health plan shall include:  (1) A safety and health policy statement reflecting management commitment;  (2) A description of the safety and health responsibilities of all levels of management and supervisors on the job and a statement of accountability appropriate to each;  (3) The details of:  (A) The mechanism for employee involvement in job hazard analysis;  (B) Hazard identification, including periodic inspections and hazard correction and control;  (C) Accident and "near-miss" investigations; and  (D) Evaluations of employee training programs;  (4) A plan to encourage employees to report hazards to management as soon as possible and to require management to address these hazards promptly; and  (5) A certification by a senior corporate or company manager that the plan is true and correct.  (b) Failure to submit the required certification may be grounds for disqualification of the bid or proposal.  (c) Failure to have available on site or failure to implement the written safety and health plan by the project's notice to proceed date shall be considered wilful noncompliance and be sufficient grounds to disqualify the award and terminate the contract. [L 1995, c 199, §2]
HI Rev Stat § 396-19 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|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 rules pursuant to chapter 91 for the certification of hoisting machine operators.  (b) The hoisting machine operators advisory board may employ a 0.5 full-time equivalent office assistant, without regard to chapters 76 and 89 and may dismiss such person as it finds necessary for the performance of its function and duties. The board shall have the authority to fix the office assistant's compensation. [L 1998, c 165, pt of §2; am L 2002, c 222, §2; am L 2016, c 74, §1]
HI Rev Stat § 396-20 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|396. Occupational Safety and Health|396-20 REPEALED.

  §396-20 REPEALED. L Sp 2021, c 9, §18.
HI Rev Stat § 397-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-1 Short title.

  §397-1 Short title. This chapter shall be known as the "Boiler and Elevator Safety Law". [L 1980, c 19, pt of §1]
HI Rev Stat § 397-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-2 Findings and purpose.

  §397-2 Findings and purpose. The legislature finds that the Hawaii occupational safety and health law does not adequately provide for the safe operation and use of pressure retaining items, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure the safe operation and use of such apparatus in Hawaii. [L 1980, c 19, pt of §1; am L 2021, c 200, §1]
HI Rev Stat § 397-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-5 Fees.

  §397-5 Fees. (a) By rules adopted pursuant to chapter 91, the director shall prescribe reasonable fees to be charged for inspection, examination, and other services rendered, and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter. The fee schedule shall include fees for:  (1) Inspections by the department of any pressure retaining item, amusement ride, and elevator and kindred equipment for which a permit or certificate is required for its installation, repair, alteration, operation, or use, and which is required to be inspected by this chapter or by any rules of the department; and  (2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rules of the department.  (b) All fees received by the department pursuant to this section shall be paid into the boiler and elevator revolving fund. [L 1980, c 19, pt of §1; am L 1998, c 142, § §4, 9; am L 1999, c 163, §18; am L 2002, c 39, §19; am L 2003, c 178, §10; am L 2012, c 103, §2; am L 2018, c 186, §3; am L 2021, c 200, §4]
HI Rev Stat § 397-5.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-5.5 REPEALED.

  §397-5.5 REPEALED. L 2003, c 178, §10.
HI Rev Stat § 397-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-6 Safety inspection by qualified inspectors.

  §397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors and, when authorized by the director, may be performed by special inspectors who are qualified boiler inspectors in the employ of insurance companies insuring pressure retaining items in this State.  (b) A qualified boiler inspector is a person eligible for or in possession of a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors, who has satisfied the requirements established by the department, and who has received from the director or the director's authorized agent briefings and instructions regarding the rules pertaining to pressure retaining items in this State.  (c) All safety inspections required under this chapter of elevators and kindred equipment, and amusement rides and the premises appurtenant thereto, shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work.  (d) A qualified elevator inspector is a person who meets the criteria of the American Society of Mechanical Engineers and the standards for the qualification of elevator inspectors of the American National Standards Institute and has satisfied requirements established by the department. [L 1980, c 19, pt of §1; gen ch 1985; am L 1992, c 95, §1; am L 2018, c 186, §4; am L 2021, c 200, §5]
HI Rev Stat § 397-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-7 Complaints to the department.

  §397-7 Complaints to the department. (a) Complaints may be made to the department and where reasonable grounds exist for the department to believe there may be a hazard, there shall be an inspection in response to the complaint.  (b) Names of all complainants and witnesses shall be held in confidence by the department unless prior permission has been given by the complainant or witness to release the complainant's or witness' name or unless it has been determined by the attorney general that disclosure is necessary for enforcement and review of this chapter. [L 1980, c 19, pt of §1; gen ch 1985]
HI Rev Stat § 397-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-9 Review and appeal.

  §397-9 Review and appeal. Any order of the director shall be final and conclusive against the owner, user, vendor, or contractor unless the owner, user, vendor, or contractor files with the director a written notice of contest of the order, the abatement period stated in the order, or the penalty stated in the order within twenty days after receipt of such order.  The owner, user, vendor, or contractor may petition the director for modification of the abatement requirements in an order. The owner, user, vendor, or contractor shall file said petition no later than the close of the next business day following the date on which abatement is required or under exceptional circumstances and for good cause shown at a later date. The petition for modification may be filed after the twenty-day period for contesting the order has expired where the initial abatement period stated in the order expires after the twenty-day period for filing a notice of contest has run.  The director shall issue an order either affirming or modifying the abatement requirement. The director may issue an order modifying the abatement requirement upon a showing by the owner, user, vendor, or contractor of a good faith effort to comply with the abatement requirements of an order and that abatement has not been completed because of factors beyond the owner's, user's, vendor's, or contractor's reasonable control.  The director shall advise the appeals board of a notice of contest upon receiving any such notice.  The appeals board shall afford an opportunity for a hearing on any notice of contest. Such hearings before the appeals board shall be de novo except where rules and regulations require a prior formal hearing at the department level, the proceedings of which are required to be transcribed, in which case review before the appeals board shall be confined to the record only.  The appeals board may affirm, modify, or vacate the order or continue the matter upon such terms and conditions as may be deemed necessary, or remand the case to the director with instructions for further proceedings or direct such other relief as may be appropriate. [L 1980, c 19, pt of §1; gen ch 1985]
HI Rev Stat § 397-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-10 Judicial review.

  §397-10 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 in the circuit court of the circuit in which the pressure retaining item, amusement ride, or elevator and kindred equipment is situated or such practice, means, method, operation, or process is employed. The hearing on review shall be on the record and the department shall be deemed a party to any such proceedings. The court shall give precedence to such proceedings over all other civil cases. [L 1980, c 19, pt of §1; am L 2021, c 200, §6]
HI Rev Stat § 397-11 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-11 Trade secrets.

  §397-11 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 shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. [L 1980, c 19, pt of §1]
HI Rev Stat § 397-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|397. Boiler and Elevator Safety Law|397-12 Evidence.

 §397-12 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 mentioned in the record, determination, statement, or report other than an action for enforcement or review under this chapter. [L 1980, c 19, pt of §1; am L 1987, c 44, §1]