reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-5 Administration.

§394-5 Administration.
The department of labor and industrial relations is authorized, with the advice of the workforce development council, to plan and administer human resource development and training programs under this chapter. The department shall process the payment of weekly compensation as provided under this chapter. [L 1969, c 251, §5; am L 1971, c 188, §5; am L 1986, c 339, §63; am L 1993, c 6, §16; am L 1997, c 346, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-8 New industry training program.

§394-8 New industry training program.
(a) There is hereby established the new industry training program, which shall be administered by the department of labor and industrial relations. Program moneys may be used to tailor training or retraining programs to meet the needs of qualifying businesses, to reimburse instructors for valid and approved expenditures in delivering instruction under the program, to rent appropriate training facilities and equipment, when necessary, to purchase or develop materials required to deliver the instruction, and for any other training-related expenses.
(b) The department shall utilize the resources of the University of Hawaii, including the community college system, the Hawaii technology development corporation, and other educational and training resources in the public and private sectors throughout the State as may be appropriate to be used to provide preemployment or employment training or on-the-job training for local residents hired by businesses relocating to Hawaii or expanding their local operations. The department may contract for these training needs from public agencies including the various University of Hawaii campuses, private educational institutions, nonprofit corporations, or private entities in order to provide the required training. [L 1987, c 241, §2; am L 2017, c 69. §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394. Manpower Development and Training › 394-9 Eligibility requirements.

§394-9 Eligibility requirements.
(a) In order to be eligible for state-assisted training or retraining under section 394-8, businesses must:
(1) Be licensed to do business in Hawaii;
(2) Establish or expand operations in Hawaii; and
(3) Be engaged in research, development, manufacturing, production, or delivery of services in growth industries such as, but not limited to, electronics, software, instrumentation, biotechnology, renewable energy, telecommunications, computers, mariculture, aquaculture, tropical agriculture, Hawaiian natural products, and space applications including astronomical research.
(b) The department may adopt rules to further clarify qualifying businesses and industries, eligible job positions for training, and eligible persons for job training to promote economic expansion within the State and may consult with the department of business, economic development, and tourism prior to issuing these rules. [L 1987, c 241, §3; am L 1988, c 141, §36; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-1 Findings and purpose.

§394B-1 Findings and purpose.
The legislature finds that there is a need for employment and training assistance for dislocated workers in Hawaii and that there is a need to protect employees from the effects of unexpected and sudden layoffs or terminations resulting from closings, plant closures, partial plant closures, and relocations. [L 1983, c 195, pt of §1; am L 1987, c 377, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-2 Definitions.

§394B-2 Definitions.
As used in this chapter:
"Closing" means the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business transaction that results in or may result in the layoff or termination of employees of a covered establishment by the employer.
"Covered establishment" means any industrial, commercial, or other business entity that employs at any time in the preceding twelve-month period, fifty or more persons.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Dislocated worker" means an individual who:
(1) Has been terminated or laid off or who has received a notice of termination or layoff from employment, is eligible for or has exhausted entitlement to unemployment compensation, and is unlikely to return to the person's previous industry or occupation;
(2) Has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a business, partial closings, and relocation as defined in this section; or
(3) Is a long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment by reason of age.
"Divestiture" means the transfer of any covered establishment from one employer to another because of the sale, transfer, merger, bankruptcy, or other business takeover or transaction of business interests that causes the covered establishment's employees to become dislocated workers.
"Employee" means any individual engaged in service to an employer.
"Employer" means any individual or entity that, directly or indirectly, owns, operates, or has a controlling interest in a covered establishment, excluding the State or any political subdivision thereof.
"Partial closing" means the permanent shutting down of a portion of operations within a covered establishment due to the sale, transfer, merger, and other business takeover or transaction of business interests and results in or may result in the termination of a portion of the employees of a covered establishment by the employer.
"Person" means one or more individuals, partnerships, associations, corporations, business trust, legal representatives, or any organized group of persons.
"Relocation" means the removal of all or substantially all of the industrial, commercial, or business operations in a covered establishment to a location outside the State of Hawaii. L 1983, c 195, pt of §1; am L 1987, c 377, §2; am L 1993, c 6, §17; am L Sp 2007, c 5, §1
Revision Note
In paragraph (1) of the definition of "dislocated worker", "or" deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-3 Employment opportunities.

§394B-3 Employment opportunities.
The director shall identify job opportunities that exist within or outside the labor market area for which dislocated workers could be retrained and assisted in securing and whether assistance and training opportunities for such employment exist or could be provided within the labor market area. [L 1983, c 195, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-4 Dislocated workers program.

§394B-4 Dislocated workers program.
The director shall establish a program to assist dislocated workers to obtain employment through assistance, training, and related employment services which may include but not be limited to:
(1) Job search assistance;
(2) Job development;
(3) Training in job skills;
(4) Supportive services including commuting assistance, day care for dependents, and financial, career, and personal counseling;
(5) Pre-layoff assistance;
(6) Relocation assistance;
(7) Mediation services or other programs conducted in cooperation with employers or labor organizations to provide early intervention in the event of major business closures;
(8) Added costs to employers; and
(9) Stipends and allowances. [L 1983, c 195, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-5 Relocation assistance.

§394B-5 Relocation assistance.
The director may provide relocation assistance if:
(1) The dislocated worker cannot obtain employment within commuting distance; and
(2) The individual has secured suitable long duration employment or obtained a bona fide job offer in a relocation area within the State. [L 1983, c 195, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-6 Training costs to employers.

§394B-6 Training costs to employers.
Added costs to employers shall be restricted to increased costs incurred by employers when they assume the responsibility for assisting or training dislocated workers. Such costs may include those incurred for assistance and training supervision, for maintaining assistance or training records, for monitoring progress of training and implementing performance standards, for the additional costs of production time allocated for training on the job, and for similar functions essential to dislocated workers assistance and training. [L 1983, c 195, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-8 Coordination with federal programs.

§394B-8 Coordination with federal programs.
The director shall develop plans for the implementation of this program which shall include appropriate provisions for the coordination of program activities with related state and federal programs and which shall document the requirements of section 394B-3 and describe those activities to be carried out. [L 1983, c 195, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-9 Notification; penalty.

§394B-9 Notification; penalty.
(a) An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence.
(b) An employer that violates this section shall be liable to each affected employee for an amount equal to back pay and benefits for the period of violation not to exceed sixty days. This liability may be reduced by any:
(1) Wages the employer pays during the notice period; and
(2) Voluntary and unconditional payment not required by a legal obligation.
(c) An employer of a covered establishment that is actively seeking a buyer for a sale, transfer, or merger shall not be required to provide the notice required under subsection (a) until the employer has entered into a binding agreement for the sale, transfer, or merger of the covered establishment that results in a divestiture.
(d) An employer who fails to provide notice under this section shall be subject to a civil penalty not to exceed $500 for each day of the violation and the amount shall be deposited in the employment and training fund under section 383-128; provided that the employer may avoid the penalty if the employer satisfies its liability to each affected employee within three weeks after the closing. In any suit, the court, in its discretion, may award the prevailing party reasonable attorney's fees and costs.
(e) The department shall enforce this section and shall have all the powers and duties conferred and imposed upon it pursuant to section 371-12. [L 1987, c 377, pt of §3; am L 2001, c 211, §1; am L Sp 2007, c 5, §2; am L 2011, c 137, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-10 Dislocated worker allowance.

§394B-10 Dislocated worker allowance.
(a) Whenever a closing, partial closing, or relocation occurs, the employer shall provide each affected employee who applies for and is found eligible for unemployment compensation benefits for a particular week under chapter 383 and based in whole or in part upon employment in the closed, partial closed, or relocated plant a payment, denominated a dislocated worker allowance as a supplement to any unemployment compensation benefit received for that week.
(b) The amount of such weekly payment shall be the difference between the employee's average weekly wages (including any payments for periods of compensated leave) prior to the closing (partial closing or relocation) and the weekly unemployment compensation benefits received.
(c) For any one closing, partial closing, or relocation, an otherwise eligible employee ceases to be eligible for a dislocated worker allowance once he or she has received such an allowance from the covered employer for a total of four weeks.
(d) Receipt of a dislocated employee allowance shall not affect an employee's eligibility for unemployment compensation benefits for any week, or the amount of such benefits.
(e) The director of labor and industrial relations may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for the administration of this chapter. The rules and regulations when prescribed in accordance with chapter 91 shall have the force and effect of law and shall be enforced in the same manner as this chapter.
(f) Notwithstanding the provisions of this section, any contractual agreement arrived at through a collective bargaining process that results in providing supplemental unemployment compensation benefits for an affected employee shall supersede, with respect to that employee, the requirements of this section. [L 1987, c 377, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-11 Prompt payment of wages and benefits.

§394B-11 Prompt payment of wages and benefits.
An employer in a covered establishment shall pay on the effective date of a closing, partial closing, or relocation to each employee all wages, benefits, and other forms of compensation due and owing to said employee. [L 1987, c 377, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-12 Civil penalties.

§394B-12 Civil penalties.
Except as provided in section 394B-9(b), any employer who fails to conform to the provisions of this chapter shall be liable to each of the employees affected in an amount equal to the value of all their wages, benefits, and other compensation for the three months preceding the closure, partial closure, or relocation of the covered establishment. [L 1987, c 377, pt of §3; am L Sp 2007, c 5, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 394B. Dislocated Workers › 394B-13 Employees remedies.

§394B-13 Employees remedies.
(a) An action by an employee to enforce the provisions of this chapter may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to maintain the action.
(b) The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of action, including costs of fees of any nature, and reasonable attorney's fees, to be paid by the defendant.
(c) The court may also provide injunctive relief in appropriate circumstances. [L 1987, c 377, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 396. Occupational Safety and Health › 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 upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. The overall congressional findings would definitely be applicable to Hawaii. There is a need to assure so far as possible, every working man and woman in the State safe and healthful working conditions. This legislation is also designed to permit and encourage employer and employee efforts to reduce injury and disease arising out of employment, and to stimulate them to institute new programs and to perfect existing programs for providing safe and healthful working environments. [L 1972, c 57, pt of §1; am L 1976, c 95, §2]
Case Notes
Cited: 59 H. 53, 575 P.2d 1299 (1978).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 396. Occupational Safety and Health › 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 and health professional shall be:
(1) Issued to an individual only; and
(2) Renewable.
(c) Certificates issued under this section may be revoked or suspended by the director on any grounds specified in rules adopted under this chapter. [L 1995, c 234, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 396. Occupational Safety and Health › 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 are not provided for under rules adopted by the office of information practices;
(3) The costs of training materials used in department sponsored workshops; and
(4) The costs of public notices required for variances, and public requests for adoption, amendment, or repeal of rules.
(b) Fees received pursuant to subsection (a) shall be deposited into the general fund. [L 1996, c 156, §1]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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; provided that the director may authorize the safety inspections to be performed by:
(1) Special inspectors, who are qualified boiler inspectors in the exclusive employment of insurance companies insuring pressure retaining items in this State; or
(2) Owner-user inspectors, who are qualified boiler inspectors in the exclusive employment of an owner-user inspection organization.
(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; am L 2022, c 102, §3]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 397. Boiler and Elevator Safety Law › 397-13 Boiler and elevator revolving fund; establishment; purpose.

§397-13 Boiler and elevator revolving fund; establishment; purpose.
(a) There is established in the state treasury the boiler and elevator revolving fund, into which shall be deposited all fees collected pursuant to section 397-5 and any appropriation from the legislature. All interest and investment moneys earned on any moneys in the revolving fund shall become part of the revolving fund.
(b) The purpose of the revolving fund is to provide for sufficient operating costs to carry out the purposes of this chapter. Moneys in the fund may be expended for:
(1) Personnel and operating expenses;
(2) Staff training and staff certification fees and expenses;
(3) Preparation and dissemination of public information on safe installation and use of equipment regulated by this chapter;
(4) Preparation of annual reports to the legislature as required by this chapter; and
(5) Reimbursement to the general fund as required by this section.
(c) The director shall submit a report to the legislature on the status of the boiler and elevator revolving fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session.
(d) No later than thirteen years from the date of the establishment of the revolving fund, the director shall reimburse the general fund for the amount of any initial appropriation that was made by the general revenues of the State to the revolving fund. [L 2012, c 103, §1; am L 2018, c 186, §5; am L 2022, c 102, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-1.5 Posting of notices. Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment. [L 2009, c 48, §1]

§398-1.5
Posting of notices.
Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment. [L 2009, c 48, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-3 Family leave requirement.

§398-3 Family leave requirement.
(a) An employee shall be entitled to a total of four weeks of family leave during any calendar year:
(1) Upon the birth of a child of the employee or the adoption of a child; or
(2) To care for the employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition.
(b) During each calendar year, the leave may be taken intermittently.
(c) Leave shall not be cumulative.
(d) If unpaid leave under this chapter conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, an employer may require the employee to make up the leave within the same pay period.
(e) Nothing in this chapter shall entitle an employee to more than a total of four weeks of leave in any twelve-month period. [L 1991, c 328, pt of §1; am L 1992, c 87, §6; am L 1997, c 383, §57; am L 2017, c 128, §1; am L 2020, c 40, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-4 Unpaid leave permitted; relationship to paid leave; sick leave.

§398-4 Unpaid leave permitted; relationship to paid leave; sick leave.
(a) Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than four weeks, the additional period of leave added to attain the four-week total may be unpaid.
(b) Except as otherwise provided in subsection (c), an employee may elect to substitute any of the employee's accrued paid leaves, including but not limited to vacation, personal, or family leave for any part of the four-week period in subsection (a).
(c) An employer who provides sick leave for employees shall permit an employee to use the employee's accrued and available sick leave for purposes of this chapter; provided that an employee shall not use more than ten days per year for this purpose, unless an express provision of a valid collective bargaining agreement authorizes the use of more than ten days of sick leave for family leave purposes. Nothing in this section shall require an employer to diminish an employee's accrued and available sick leave below the amount required pursuant to section 392-41; provided that any sick leave in excess of the minimum statutory equivalent for temporary disability benefits as determined by the department may be used for purposes of this chapter. [L 1991, c 328, pt of §1; am L 1995, c 154, §5; am L 2003, c 44, §3; am L 2005, c 243, §3; am L 2007, c 265, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-5 Notice.

§398-5 Notice.
In any case in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a manner that is reasonable and practicable. Requests for family leave shall include evidence that the employee has submitted the request and provided required data in accordance with section 398-9.5. [L 1991, c 328, pt of §1; am L Sp 2009, c 7, §4; am L 2017, c 128, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-6 Certification.

§398-6 Certification.
(a) An employer may require that a claim for family leave be supported by written certification.
(b) For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family.
(c) When leave is to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care. Certification shall be considered sufficient if it provides information as required by the director. [L 1991, c 328, pt of §1; am L 1995, c 154, §6; am L 2017, c 128, §3; am L 2020, c 40, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-7 Employment and benefits protection.

§398-7 Employment and benefits protection.
(a) Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. If, however, during a leave, the employer experiences a layoff or workforce reduction and the employee would have lost a position had the employee not been on family leave, the employee is not entitled to reinstatement in the former or equivalent position. In such circumstances, the employee retains all rights, including seniority rights, pursuant to the good faith operation of a bona fide layoff and recall system.
(b) The taking of family leave shall not result in the loss of any employment benefit accrued before the date on which the leave commenced, except for any paid leave that may have been expended in conjunction with the family leave.
(c) Nothing in this chapter shall be construed to entitle or deny any employee to the accrual of any seniority or employment benefits during any period of leave, or any right, employment benefit, or position to which the employee would have been entitled had the employee not taken the leave. [L 1991, c 328, pt of §1]