Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 2 - GENERAL INDUSTRY STANDARDS › Chapter 60 - GENERAL SAFETY AND HEALTH REQUIREMENTS › Section 12-60-50 - Standards

Current through June, 2024
(a)
Incorporation of federal
				  standard.
Title 29, Part 1910 of the Code of Federal Regulations,
					 2012 Edition published as of July 1, 2012, by the U.S. Government Printing
					 Office, U.S. Superintendent of Documents, Washington, DC 20402-0001, is made a
					 part of this chapter except as provided in subsection (b) through (d)
(b)
State specific
				  definitions.
The following definitions are in addition to those found in
				  section 12-50-2 and subsection (a). Where a definition exists in both
				  subsection (a) and this subsection, the definition contained in this subsection
				  supersedes the definition in subsection (a). This State's adoption of
				  29
				  CFR Part 1910.2, Definitions, is amended by
				  adding the following definitions:
"Access" means the right and opportunity to examine and
					 copy. "Analysis using exposure or medical records" means any compilation of
					 data, or any research, or statistical or other studies based at least in part
					 on information collected from individual employee exposure or medical records
					 or information collected from health insurance claims records, provided that
					 either the analysis has been reported to the employer or no further work is
					 currently being done by the person responsible for preparing the
					 analysis.
"ANSI Z9.2" means ANSI Z9.2-1979, Fundamentals Governing
					 the Design and Operation of Local Exhaust Systems.
"ANSI Z88.2" means ANSI Z88.2-1984, Practices for
					 Respiratory Protection.
"Coal tar pitch volatiles" mean, as used in Exhibit A, the
					 fused polycyclic hydrocarbons which volatilize from the distillation residues
					 of coal, petroleum (excluding asphalt, CAS 8052-42-4 and CAS 64742-934), wood,
					 and other organic matter.
"Designated representative," means any individual or
					 organization to whom an employee gives written authorization to exercise a
					 right of access. For the purpose of access to employee exposure records and
					 analyses using exposure or medical records, a recognized or certified
					 collective-bargaining agent shall be treated automatically as a designated
					 representative without regard to written employee authorization.
"Employee exposure record" means a record containing any of
					 the following kinds of information:
(1) Environmental (workplace) monitoring or measuring of a
					 toxic substance or a harmful physical agent, including personal, area, grab, or
					 wipe sampling, or any other form of sampling, as well as related collection and
					 analytical methodologies, calculations, and other background data relevant to
					 interpretation of the results obtained;
(2) Biological monitoring results which directly assess the
					 absorption of a substance or agent by body systems (e.g., the level of a
					 chemical in the blood, urine, breath, hair, fingernails, etc.) but not
					 including results which assess the biological effect of a substance or agent or
					 which assess an employee's use of alcohol or drugs;
(3) Material safety-data sheets; and
(4) A chemical inventory or any other record which reveals
					 where and when used and the identity (e.g., chemical, common, or trade name) of
					 a toxic substance or harmful physical agent. "Employee medical record" means a
					 record concerning the health status of an employee, which is made or maintained
					 by a physician or nurse, or any other health care personnel or technician,
					 including:
(1) Medical and employment questionnaires or histories
					 (including job description and occupational exposures);
(2) The results of medical examinations (pre-employment,
					 pre- assignment, periodic, or episodic) and laboratory tests (including chest
					 and other X-ray examinations taken for the purposes of establishing a base-line
					 or detecting occupational illness, and all biological monitoring not defined as
					 an "employee exposure record");
(3) Medical opinions, diagnoses, progress notes, and
					 recommendations;
(4) Descriptions of treatments and prescriptions;
(5) First-aid records; and
(6) Employee medical complaints; but does not include
					 medical information in the form of:
(A) Physical specimens (e.g., blood or urine samples) which
					 are routinely discarded as a part of normal medical practice; or
(B) Records concerning health insurance claims if
					 maintained separately from the employer's medical program and its records, and
					 not accessible to the employer by employee name or other direct personal
					 identifier (e.g., social security number, payroll number, etc.); or
(C) Records created solely in preparation for litigation
					 which are privileged from discovery under the applicable rules of procedure or
					 evidence; or
(D) Records concerning voluntary employee assistance
					 programs (alcohol, drug abuse, or personal counseling programs) if maintained
					 separately from the employer's medical program and its records.
"Excursion factor" means the magnitude of the permissible
					 excursion above the PEL-TWA for those substances not preceded by a "C" in
					 Exhibit A and not found in Exhibit B.
"Exposure" or "exposed" means that an employee is subjected
					 to a toxic material or harmful physical agent in the course of employment
					 through any route of entry, such as inhalation, ingestion, skin contact, or
					 absorption, and includes past exposure and potential exposure. "Health
					 professional" means a physician, occupational health nurse, industrial
					 hygienist, toxicologist, or epidemiologist, providing medical or other
					 occupational health services to exposed employees. "Permissible Exposure Limit
					 (PEL)" means the airborne concentrations of substances to which it is believed
					 that nearly all workers may be exposed with no adverse effect.
"Permissible Exposure Limit-Ceiling (PEL-C)" means the
					 concentration that shall not be exceeded even instantaneously. The PEL-C is the
					 employee's exposure, which shall not be exceeded during any part of the
					 workday. If instantaneous monitoring is not feasible, then the ceiling shall be
					 assessed as a 15-minute time weighted average exposure, which shall not be
					 exceeded at any time over a working day.
"Permissible Exposure Limit-Short Term Exposure Level
					 (PEL-STEL)" means the employee's 15-minute time weighted average exposure,
					 which shall not be exceeded at any time during a workday unless another time
					 limit is specified in a parenthetical notation below the limit. If another time
					 period is specified, the time weighted average exposure over that time limit
					 shall not be exceeded at any time during the workday.
"Permissible Exposure Limit-Time Weighted Average
					 (PEL-TWA)" means the employee's average airborne exposure, which shall not be
					 exceeded in any 7- to 8-hour work shift of a 40-hour workweek.
"Record" means any item, collection, or grouping of
					 information regardless of the form or process by which it is maintained (e.g.,
					 paper document, microfiche, microfilm, X-ray film, or automated data
					 processing).
"Specific chemical identity" means the chemical name,
					 Chemical Abstracts Service (CAS) Registry Number, or any other information that
					 reveals the precise chemical designation of the substance.
"Specific written consent" means a written authorization
					 containing:
(1) The name and signature of the employee authorizing the
					 release of medical information;
(2) The date of the written authorization;
(3) The name of the individual or organization that is
					 authorized to release the medical information;
(4) The name of the designated representative (individual
					 or organization) that is authorized to receive the released information;
(5) A general description of the medical information that
					 is authorized to be released;
(6) A general description of the purpose for the release of
					 the medical information; and
(7) A date or condition upon which the written
					 authorization will expire (if less than one year); but A written authorization
					 does not authorize the release of medical information not in existence on the
					 date of written authorization, unless the release of future information is
					 expressly authorized, and does not operate for more than one year from the date
					 of written authorization. A written authorization may be revoked in writing
					 prospectively at any time.
"Toxic material or harmful physical agent" means any
					 chemical substance, biological agent (bacteria, virus, fungus, etc.), or
					 physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and
					 non-ionizing radiation, hypo- or hyperbaric pressure, etc.) which:
(1) Is listed in the latest printed edition of the National
					 Institute for Occupational Safety and Health (NIOSH) Registry of Toxic
(2) Has yielded positive evidence of an acute or chronic
					 health hazard in testing conducted by, or known to, the employer; or
(3) Is the subject of a material safety-data sheet kept by
					 or known to the employer indicating that the material may pos e a hazard to
					 human health.
"Trade secret" means any confidential formula, pattern,
					 process, device, or information or compilation of information that is used in
					 an employer's business and that gives the employer an opportunity to obtain an
					 advantage over competitors who do not know or use it.
(c)
State specific standards for
				  Occupational Noise Exposure
. The following standards are in effect in
				  addition to those adopted by subsection (a). Where standards on a particular
				  item exist in both subsection (a) and this subsection, the standards contained
				  in this subsection supersede the standards in subsection (a) .
(1)
											29 CFR
				  1910.95 Table G-16 is amended to read as
				  follows:
"TABLE G-16-PERMISSIBLE NOISE
					 EXPOSURES
1
Duration per day, hours
Sound level dBA slow response
8.......................
90
6.......................
92
4.......................
95
3.......................
97
2.......................
100
1-1/2....................
102
1.......................
105
1/2.....................
110
1/4 or less.............
115
When the daily noise exposure is composed of two or more
					 periods of noise exposure of different levels, their combined effect shall be
					 considered, rather than the individual effect of each. If the sum of the
					 following fractions: C1/T1+C2/T2Cn/Tn exceeds unity, then, the mixed exposure
					 shall be considered to exceed the limit value. Cn indicates the total time of
					 exposure at a specific noise level, an Tn indicates the total time of exposure
					 permitted at that level.
Exposure to impulsive or impact noise shall not exceed 140
					 dB peak sound pressure level."
(2)
											29 CFR
				  1910.95(c)(1) is amended to
				  read as follows:
(A) The employer shall
				  administer a continuing, effective hearing conservation program, as described
				  in paragraphs (c) through (o) of this section, whenever employee noise
				  exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of
				  85 decibels measured on the A scale (slow response) or a dose of 50 percent.
				  For purposes of the hearing conservation program, employee noise exposures
				  shall be computed in accordance with appendix (a) and table G-16a, and without
				  regard to any attenuation provided by the use of personal protective equipment.