Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 58 - PERMITS AND CERTIFICATES › Section 12-58-2 - Safety and health professional

Current through June,
				  2024
(a) Safety and
				  health professional certification.
(1) Safety
				  and health professionals, including those employed by the department, shall be
				  certified by the department in accordance with procedures and criteria set
				  forth in this rule.
(2)
				  Certification of safety and health professionals.
(A) Any individual performing an audit for a
				  participating employer under subsection (b), including safety and health
				  professionals employed by the department, shall be certified by the
				  director.
(B) In order to be
				  eligible for certification, individuals must exhibit knowledge and familiarity
				  with the content and application of the Hawaii Occupational Safety and Health
				  standards and regulations. The applicant must possess one of the following
				  qualifications and provide relevant documentation such as college transcripts,
				  copies of certifications or licenses to support the application:
(i) Certification as a Certified Safety
				  Professional (CSP) granted by the Board of Certified Safety Professionals
				  (BCSP);
(ii) Certification as a
				  Certified Industrial Hygienist (CIH)
granted by the American Board of Industrial Hygiene
					 (ABIH);
(iii) State
				  licensure as a professional engineer, with five years of documented
				  professional safety and health experience within the last seven years prior to
				  the filing of the application for certification;
(iv) A bachelor of science degree in
				  industrial hygiene, safety, occupational safety and health, biology, chemistry,
				  environmental health and science, physics, engineering, or a related field,
				  with five years documented professional safety and health experience deemed
				  acceptable by the director within the last seven years prior to the filing of
				  the application for certification; or
(v) Nine years of documented professional
				  safety and health experience deemed acceptable to the director within the last
				  ten years prior to the filing of the application for certification.
(C) All applications for
				  certification as a safety and health professional shall be submitted to the
				  director in writing on forms provided for the purpose or equivalent format and
				  shall be accompanied by:
(i) A reference from
				  the applicant's current or past supervisor a attesting to the quality and the
				  breadth of the qualifying work experience or self-certification where the
				  applicant is self employed. Both the reference from the applicant's current or
				  past employer and the self-certification must contain evidence that the
				  applicant helped employers reduce their injury and illness incidence rates and
				  workers' compensation costs;
(ii) A
				  reference from a safety and health professional familiar with the applicant's
				  work experience and character; and
(iii) Any other information or documentation
				  deemed necessary by the director.
(D) Applications shall be:
(i) Valid for six months. The six months
				  shall begin upon the director's receipt of the first item submitted for the
				  application;
(ii) Considered a
				  complete application when all items in 2(B) and (C) have been submitted to the
				  director; and
(iii) Accompanied by
				  a non-refundable application fee of $50, as required in section 12-56-2 and
				  shall be sent to the address specified in the application package.
(E) Within forty-five days of the
				  receipt of a complete application packet, the director shall notify the
				  certificate applicant in writing of the issuance or denial of the
				  certification. Notification of denial of a certificate on any grounds shall set
				  forth the grounds for such denial. An applicant denied a certificate on any
				  grounds other than failure to complete a certificate application may request a
				  reconsideration of denial meeting by submitting a written request for a
				  reconsideration conference within ten calendar days of the receipt of such
				  denial. A decision will be sent to the applicant within ten calendar days after
				  the conference.
(F) If the original
				  denial is upheld at the reconsideration of denial conference, the applicant may
				  then request a hearing by submitting a written request for a hearing within ten
				  calendar days of the receipt of the second denial. The hearing shall be held by
				  the director or the director's designee. A decision on the hearing will be sent
				  to the applicant within ten calendar days. The results of the hearing shall be
				  final.
(G) Upon approval of the
				  application for certification, applicants will be assessed a non-refundable
				  certification fee of $300 which shall be payable prior to the issuance of the
				  certificate.
(H) Certificates are
				  valid for three years from the date of issuance.
(i) Certificates are renewable every three
				  years for a nonrefundable fee of $100.
(ii) If a certificate is renewed before the
				  expiration date of the current certificate, the renewal will become effective
				  when the current certificate expires. No renewal or certificate shall be issued
				  more than thirty days before the expiration date of the certificate or ninety
				  days after the expiration date of the current certificate.
(I) All HIOSH, occupational safety and health
				  advisors involved in the evaluation of workplaces for any HIOSH approved
				  achievement recognition programs are considered to be certified safety and
				  health professionals during their employment with HIOSH as an
				  advisor.
(3) Suspension
				  or revocation of certification.
(A) A
				  certified safety and health professional certificate may be suspended or
				  revoked by the director upon a determination by the director that:
(i) The safety and health professional's
				  hazard analysis or safety and health program development is in conflict with
				  state safety and health standards applicable to the worksite;
(ii) The safety and health professional
				  knowingly included false or misleading information in any report required by
				  subsection (b); or
(iii) The safety
				  and health professional no longer meets the qualifications for certification
				  set forth in subsection (a) (2).
(B) When in the process of determining
				  whether the certification should be revoked or suspended, the safety and health
				  professional shall make available all documents requested by the department.
				  Safety and health audit reports received by the department for the purpose of
				  paragraph (3) shall not be used as evidence in any occupational safety and
				  health inspection or investigation against the employer named in the
				  audit.
(C) Upon making a
				  determination that a safety and health professional's certificate should be
				  revoked or suspended, the director shall inform the safety and health
				  professional in writing, setting forth the reasons for the determination. The
				  safety and health professional may request a hearing on the matter by
				  submitting a written request for a hearing within ten calendar days of receipt
				  of the notice of revocation or suspension. The hearing shall be held by the
				  director or the director's designee.
(D) A safety and health professional's
				  certificate which has been suspended or revoked may be reinstated under the
				  following circumstances:
(i) If the
				  revocation or suspension was premised upon a failure of the safety and health
				  professional to meet the qualifications for certification set forth in
				  subsection (a)(2), upon a demonstration by the safety and health professional
				  that those qualifications have been met.
(ii) If the revocation or suspension was
				  premised upon findings described in subparagraph (A)(i) or (ii), upon the
				  director's review and approval of the reapplication for certificate by the
				  individual. Reapplication may be submitted no sooner than one year after the
				  expiration of the period of suspension or revocation established by the
				  director.
(E) An
				  individual applying for reinstatement of a safety and health professional
				  certificate shall be subject to the same procedures as those which pertained to
				  application for the original certificate.
(4) Severability. If any provision of this
				  standard or the application thereof to any person or circumstance is held
				  invalid, invalidity shall not affect other provisions or applications of this
				  rule which can be given effect without the invalid provisions or applications
				  and to this end the provisions of this rule are declared to be
				  severable.
(5) Applicability of
				  other state and federal regulations. Nothing contained in this standard shall
				  be read or applied in a manner to abrogate or otherwise limit the
				  responsibility of an employer subject to this standard to comply with all
				  requirements set forth in state and federal safety and health standards to
				  which the employer would otherwise be subject, nor shall any provision of this
				  standard be read or applied in a manner as to abrogate or otherwise limit the
				  liability of employer to fines or other penalties to which it would otherwise
				  be subject for failure to comply with the rules and regulations.