reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-12 - Prehearing conference

Current through June,
			 2024
(a) At any time
			 after the filing of a complaint, but prior to the hearing, the hearing officer
			 may hold a prehearing conference with the parties or their representatives. Any
			 matter not raised at the prehearing conference shall not be allowed during the
			 hearing. Matters to be discussed at the prehearing conference may include but
			 are not limited to the following:
(1) A
			 discussion of the issues raised by the complainant and the explanations and
			 defenses to be presented by the respondent at the hearing;
(2) The necessity or desirability of
			 amendments to the pleadings;
(3)
			 The possibility of obtaining stipulations which will avoid unnecessary
			 proof;
(4) The possibility of a
			 settlement between the parties; and
(5) Other matters that may aid in the
			 disposition of the complaint.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-13 - Hearings

Current through June, 2024
(a) All hearings required by this chapter
			 shall be held in accordance with chapter
			 91, Hawaii Revised Statutes, and the
			 rules of this department.
(b) The
			 complainant shall be present at the hearing, with or without counsel. The
			 complainant shall be allowed to call, examine, and cross-examine witnesses, and
			 introduce papers, documents, or other evidence, in person or by
			 counsel.
(c) The respondent or a
			 representative shall be present at the hearing, with or without counsel, and
			 shall be allowed, in person or by counsel, to call, examine, and cross-examine
			 witnesses and introduce papers, documents, or other evidence.
(d) At the discretion of the hearing officer,
			 any other person may be allowed to participate, in person or by counsel, for
			 the purposes and to the extent that the hearing officer shall
			 determine.
(e) Witnesses at all
			 hearings shall be examined orally, under oath or affirmation, and a record of
			 the proceedings shall be made by the hearing officer. The hearing officer or a
			 person designated by the hearing officer may administer oaths or affirmations
			 at the hearing.
(f) The hearing
			 officer may continue a hearing from day to day or adjourn it to a later day or
			 to a different place by announcement thereof at the hearing or by appropriate
			 notice to all parties. The hearing officer may also continue a hearing upon
			 request of any party. At the discretion of the hearing officer, a hearing may
			 be reopened.
(g) The absence
			 without notice of either the complainant or the respondent at the hearing shall
			 be considered a default as to that party. If the complainant is absent, the
			 complaint shall be promptly dismissed. If the respondent or respondent's
			 representative is absent, the hearing officer shall base the decision on the
			 evidence presented by the complainant at the hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-14 - Powers and duties of hearing officer

Current through June,
			 2024
(a) The hearing
			 officer shall have full power and authority to:
(1) Control the procedures of the
			 hearing;
(2) Admit or exclude
			 testimony or other evidence;
(3)
			 Rule upon all motions and objections;
(4) Call and examine witnesses;
(5) Direct the production of papers or other
			 matter present in the hearing room; and
(6) Take other actions that are necessary and
			 proper for the conduct of the hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-15 - Disposition of recommended decision

Current through June,
			 2024
(a) Any party may
			 within twenty days after receipt of a copy of the hearing officer's decision
			 file with the director exceptions to the decision or any part thereof and
			 request a review by the director. The party shall specify for each exception
			 the portions of the record and the authorities relied on to sustain each point.
			 Any exception not specifying the portions of the record or the authorities
			 relied upon shall be dismissed by the director. The exceptions and request for
			 review with two copies shall be filed by personal delivery or by certified
			 mail, return receipt requested, addressed to the department's Wage Standards
			 Division, 830 Punchbowl Street, Room 340, Honolulu, Hawaii 96813, or to the
			 department's district office in the county where the original complaint was
			 filed. In addition, a copy of the exception and request for review shall be
			 served by the party making the exception upon each of the other parties who
			 were served with a copy of the hearing officer's recommended
			 decision.
(b) If no exceptions and
			 requests for review are filed within the time specified, the recommended
			 decision of the hearing officer shall become final upon approval of the
			 director, unless the director orders a review.
(c) Upon filing of exceptions by a party
			 adversely affected by the recommended decision, the director may consider the
			 whole record or portions thereof as cited by the party and may grant the
			 parties an opportunity to present argument. The director shall then make a
			 final decision stating the reasons or basis therefor and enter an appropriate
			 order.
(d) The hearing officer's
			 findings of fact shall not be set aside by the director unless clearly contrary
			 to the weight of evidence.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-16 - Judicial review

Current through June,
			 2024
Any person aggrieved by the final decision of the director
				shall be entitled to judicial review as provided by section
				91-14,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 2 - THEATRICAL EMPLOYMENT › Section 12-25-21 - Definitions

Current through June, 2024
As used in this subchapter:
"Department" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Director" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Employer" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Gainful occupation" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Theatrical employment" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 2 - THEATRICAL EMPLOYMENT › Section 12-25-22 - Theatrical employment permitted

Current through June,
				2024
A minor under fourteen years of age may be employed or
				  permitted to work in theatrical employment provided that:
(1) A written consent to the employment is
				filed with the director by a guardian or parent with whom the minor resides;
				or, if the guardian or parent is not a resident of the State, the person who is
				primarily responsible for the care and custody of the minor;
(2) The minor is accompanied by and is under
				the immediate and direct control of the person who is required to file the
				consent as herein provided or by a responsible adult person designated by the
				person who files the consent;
(3)
				The employer submits to the director, whenever employment would occur during a
				school year, a statement signed by an authorized school official indicating
				that the attendance at school and the school work of the minor are
				satisfactory;
(4) The employment
				does not injuriously affect the health, safety, or well-being of the minor or
				contribute to the minor's delinquency;
(5) Where liquor is sold for consumption on
				the premises, the licensee shall comply with the rules of the appropriate
				county liquor commission relating to employment of minors as
				entertainers;
(6) The work is
				performed during periods when the minor is not legally required to attend
				school or when the minor is excused by school authorities from attending
				school; and
(7) The employer of the
				minor procures and keeps on file a valid certificate of employment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 2 - THEATRICAL EMPLOYMENT › Section 12-25-23 - Hours and conditions of employment

Current through June,
				2024
(a) A minor under
				sixteen years of age may be employed or permitted to work in theatrical
				employment as follows:
(1) A minor under six
				years of age shall not work later than 7:00 p.m.
(2) For minors six years of age or over but
				under sixteen, the following limitations shall apply:
(A) On any night preceding a day when the
				minor is not legally required to attend school:
(i) A minor six years of age or over but
				under fourteen shall not work later than 10:30 p.m.;
(ii) A minor fourteen years of age or over
				but under sixteen shall not work later than 11:30 p.m.
(B) On any night preceding a day when the
				minor is legally required to attend school:
(i) A minor six years of age or over but
				under fourteen shall not work later than 8:30 p.m.;
(ii) A minor fourteen years of age or over
				but under sixteen shall not work later than 9:30 p.m.
(3) The combined hours of work and
				hours in school shall not exceed ten in a day.
(4) The employment does not exceed four
				nights in any calendar week.
(5) A
				minor shall not engage in theatrical employment more than the following number
				of hours in any one day:
(A) A minor under
				six years of age, not more than two hours;
(B) A minor six years of age or over but
				under ten, not more than three hours;
(C) A minor ten years of age or over but
				under fourteen, not more than four hours; and
(D) A minor fourteen years of age or over but
				under sixteen, not more than eight hours.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 2 - THEATRICAL EMPLOYMENT › Section 12-25-24 - Application and issuance of employment certificate

Current
				through June, 2024
(a)
				Application for employment of a minor in theatrical employment shall be made by
				the employer on forms furnished by the department. The application shall be
				completed and signed by the employer, parent, and minor.
(b) Upon receipt of an application, the
				director or an authorized representative may issue the employment certificate
				under the terms and conditions established in this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 2 - THEATRICAL EMPLOYMENT › Section 12-25-25 - Revocation or cancellation of employment certificate

Current
				through June, 2024
A certificate for theatrical employment may revoked or
				  cancelled for cause at any time by the director after affording all interested
				  parties an opportunity for a hearing. Cause shall include:
(1) Violation of this subchapter or chapter
				390, Hawaii Revised Statutes; or
(2) Falsification of any information required
				by the application; or
(3)
				Disapproval or withdrawal of approval of the minor's employment by an
				authorized official of the school attended by the minor; or
(4) Finding by the director that the
				employment is detrimental to the health, safety, or well-being of the minor or
				will contribute to the minor's delinquency.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 2 - THEATRICAL EMPLOYMENT › Section 12-25-26 - Reconsideration and appeal

Current through June,
				2024
(a) Any person
				aggrieved by the director's action in denying, granting, revoking, or
				cancelling of an employment certificate for theatrical employment may file,
				within ten days after the director's action, a written request for
				reconsideration by the director.
(b) A request for reconsideration shall be
				granted where the applicant shows that there is additional evidence which may
				materially affect the decision and that there are reasonable grounds for
				failure to offer such evidence prior to the director's action.
(c) Any person aggrieved by the action of the
				director in denying a request for reconsideration may file, within thirty days
				after denial, an appeal for judicial review under section
				91-14,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 3 - COFFEE HARVESTING › Section 12-25-31 - Definitions

Current through June, 2024
As used in this subchapter:
"Coffee harvesting" means gainful occupation in the picking,
				  stripping, raking, or collecting of coffee berries, or any other activity
				  incidental or necessary to the harvesting thereof, as distinguished from
				  processing, pulping, demucilaging, drying, hulling, or grading of
				  coffee.
"Department" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Director" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Gainful occupation" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 3 - COFFEE HARVESTING › Section 12-25-32 - Coffee harvesting employment permitted

Current through June,
				2024
Subject to all the conditions imposed by this subchapter,
				  minors between ten and fourteen years of age may be employed or permitted to
				  work in coffee harvesting, provided that each minor, while performing such
				  work, is under the direct supervision of the minor's parent or legal
				  guardian
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 3 - COFFEE HARVESTING › Section 12-25-33 - Hours and conditions of employment

Current through June,
				2024
(a) Minors between
				ten and fourteen years of age may engage in coffee harvesting during the hours
				from six o'clock a.m. to six o'clock p.m. on any day when the school at which
				the minors are registered is not in session, and subject to the following
				limitations:
(1) The minors shall not be
				permitted to work for more than two consecutive hours without a rest period of
				at least fifteen minutes, nor for more than four consecutive hours without a
				meal period of at least one hour; and
(2) The minors shall not be permitted to work
				for more than six hours during any one day or more than thirty hours in any one
				week nor for more than five consecutive days.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 3 - COFFEE HARVESTING › Section 12-25-34 - Employment certificate

Current through June,
				2024
No minor under eighteen years of age shall be employed or
				  permitted to work in coffee harvesting unless an employment certificate shall
				  have been obtained pursuant to chapter 390, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-41 - Definitions

Current through June, 2024
As used in this subchapter:
"Department" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Employment" means any service performed by an individual
				  which produces pecuniary gain for any person or persons connected
				  therewith.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-42 - Occupations of motor vehicle driver and outside helper

Current
				through June, 2024
(a)
				As used in this section:
"Driver" means any individual who, in the course of
				  employment, drives a motor vehicle at any time;
"Gross vehicle weight" includes the truck chassis with
				  lubricants, water and full tank or tanks of fuel, plus the weight of the cab or
				  driver's compartment, body, and special chassis and body equipment, and
				  payload;
"Motor vehicle" means any automobile, truck, truck-tractor,
				  trailer, semi-trailer, motorcycle, or similar vehicle propelled or drawn by
				  mechanical power and designed for use as a means of transportation but shall
				  not include any vehicle operated exclusively on rails;
"Outside helper" means any individual, other than a driver,
				  whose work includes riding on a motor vehicle outside the cab for the purpose
				  of assisting in transporting or delivering goods.
(b) Except as otherwise provided in this
				section, the occupations of motor vehicle driver and outside helper involving
				work on any public road or highway, in or about any mine (including open-pit
				mine or quarry), or place where logging or sawmill operations are in progress,
				or in any excavation of the type identified in section 12-25-54 are declared
				hazardous for minors under eighteen years of age.
(c) Operation of automobiles or trucks not
				exceeding six thousand pounds gross vehicle weight by a minor who has attained
				the age of sixteen shall not be deemed hazardous if:
(1) The operation is restricted to daylight
				hours;
(2) The minor holds a valid
				license for the type of driving involved in the job to be performed;
				and
(3) The vehicle is equipped
				with a seat belt or similar device for the driver and for each helper and the
				employer has instructed each minor to use the belts or other safety devices,
				and has taken appropriate steps to assure such use.
This subsection shall not apply to any occupation of motor
				  vehicle driver which involves towing of vehicles.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-43 - Occupations in operation of power-driven woodworking machines

Current through June, 2024
(a) As used in this section:
"Off-bearing" means the removal of material or refuse
				  directly from a saw table or from the point of operation. Operations not
				  considered as off-bearing within the intent of this section include:
(1) The removal of material or refuse from a
				circular saw or guillotine-action veneer clipper where the material or refuse
				has been conveyed away from the saw table or point of operation by a gravity
				chute or some mechanical means such as a moving belt or expulsion roller;
				and
(2) The following operations
				when they do not involve the removal of material or refuse directly from a saw
				table or from the point of operation:
(A) The
				carrying, moving, or transporting of materials from one machine to another or
				from one part of a plant to another;
(B) The piling, stacking, or arranging of
				materials for feeding into a machine by another person; and
(C) The sorting, tying, bundling, or loading
				of materials.
"Power-driven woodworking machines" means all fixed or
				  portable machines or tools driven by power and used or designed for cutting,
				  shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or
				  otherwise assembling, pressing, or printing wood or veneer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-44 - Occupations involving exposure to radioactive substances and to ionizing radiation

Current through June,
				2024
(a) As used in this
				section:
"Ionizing radiation" means alpha and beta particles,
				  electrons, protons, neutrons, gamma and X-ray, and all other radiations which
				  produce ionizations directly or indirectly, but does not include
				  electromagnetic radiations other than gamma and X-rays.
"Self-luminous compound" means any mixture of phosphorescent
				  material and radium, mesothorium, or other radioactive element.
"Workroom" includes the entire area bounded by walls of solid
				  material and extending from floor to ceiling.
(b) The following occupations involving
				exposure to radioactive substances and to ionizing radiation are declared
				hazardous for minors under eighteen years of age:
(1) Any work in any workroom in which:
(A) Radium is stored or used in the
				manufacture of self-luminous compound;
(B) Self-luminous compound is made,
				processed, or packaged;
(C)
				Self-luminous compound is stored, used, or worked upon;
(D) Incandescent mantles are made from fabric
				and solutions containing thorium salts, or are processed or packaged;
				and
(E) Other radioactive
				substances are present in the air in average concentrations exceeding ten per
				cent of the maximum permissible concentrations in the air recommended for
				occupational exposure by the National Committee on Radiation Protection, as set
				forth in the forty-hour week column on table one of the U.S. Department of
				Commerce, National Bureau of Standards Handbook No. 69 entitled "Maximum
				Permissible Body Burdens and Maximum Permissible Concentrations of
				Radionuclides in Air and in Water for Occupational Exposure", issued June 5,
				1959; and
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-46 - Occupations involved in the operation of power-driven metal forming, punching, and shearing machines

Current through June,
				2024
(a) As used in this
				section:
"Forming, punching, and shearing machines" means power-driven
				  metal working machines, other than machine tools, which change the shape of or
				  cut metal by means of tools, such as dies, rolls, or knives which are mounted
				  on rams, plungers, or other moving parts. Types of forming, punching, and
				  shearing machines enumerated in this section are the machines to which the
				  designation is by custom applied.
"Helper" means a person who assists in the operation of a
				  machine covered by this section by helping place materials into or remove them
				  from the machine.
"Operator" means a person who operates a machine covered by
				  this section by performing such functions as starting or stopping the machine,
				  or any other functions directly involved in the operation of the
				  machine.
(b) Except as
				otherwise provided in this section, the occupations of operator of or helper on
				the following power-driven metal forming, punching, and shearing machines are
				declared hazardous for minors under eighteen years of age:
(1) All rolling machines, such as beading,
				straightening, corrugating, flanging, or bending rolls; and hot or cold rolling
				mills;
(2) All pressing or punching
				machines, such as punch presses, power presses, and plate punches, except those
				provided with full automatic feed and ejection and with a fixed barrier guard
				to prevent the hands or fingers of the operator from entering the area between
				the dies;
(3) All bending machines,
				such as apron brakes and press brakes;
(4) All hammering machines, such as drop
				hammers and power hammers; and
(5)
				All shearing machines, such as guillotine or squaring shears, alligator shears,
				and rotary shears.
The occupations of setting up, adjusting, repairing, oiling,
				  or cleaning these machines, including those with automatic feed and ejection,
				  are also declared hazardous for said minors.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-48 - Occupations involved in the operation of certain power-driven bakery machines

Current through June,
				2024
The following occupations involved in the operation of
				  power-driven bakery machines are declared hazardous for minors under eighteen
				  years of age:
(1) Operating, assisting
				to operate, or setting up, adjusting, repairing, oiling, or cleaning any
				horizontal or vertical dough mixer, batter mixer, bread dividing, rounding, or
				molding machine, dough brake, dough sheeter, combination bread slicing and
				wrapping machine, or cake cutting-band saw; and
(2) Setting up or adjusting a cookie or
				cracker machine.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-49 - Occupations involved in the operation of certain power-driven paper products machines

Current through June,
				2024
(a) As used in this
				section:
"Operating or assisting to operate" means all work which
				  involves starting or stopping a machine covered by this section, placing
				  materials into or removing them from the machine, or any other work directly
				  involved in operating the machine.
"Paper products machine" means a power-driven machine used in
				  the remanufacture or conversion of paper or pulp into a finished product. The
				  term is understood to apply to such a machine whether it is used in
				  establishments that manufacture converted paper or pulp products, or in any
				  other type of manufacturing or non-manufacturing establishment.
(b) Except as otherwise provided
				in this section, the following occupations are declared hazardous for minors
				under eighteen years of age:
(1) Operating or
				assisting to operate any of the following power-driven paper products machines:
(A) Arm-type wire, stitcher or stapler,
				circular or band saw, corner cutter or mitering machine, corrugating and single
				or double-facing machine, envelope die-cutting press, guillotine paper cutter
				or shear, horizontal bar scorer, laminating or combining machine, sheeting
				machine, scrap paper baler, or vertical slotter; and
(B) Platen die-cutting press, platen printing
				press or punch press which involves hand-feeding of the machine; and
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-50 - Occupations involved in the manufacture of brick, tile, and kindred products

Current through June,
				2024
(a) As used in this
				section:
"Clay construction products" means brick, hollow structural
				  tile, sewer pipe and kindred products, refractories, and other clay products
				  such as architectural terra cotta, glazed structural tile, roofing tile, stove
				  lining, chimney pipes and tops, wall coping, and drain tile. The term does not
				  include non-structural bearing clay products as ceramic floor and wall tile,
				  mosaic tile, glazed and enameled tile, faience, and similar tile, nor does the
				  term include non-clay construction products such as sand-lime brick, glass
				  brick, or non-clay refractories.
"Silica brick or other silica refractories" means refractory
				  products produced from raw materials containing free silica as their train
				  constituent.
(b) The
				following occupations involved in the manufacture of clay construction products
				and of silica refractory products are declared hazardous for minors under
				eighteen years of age:
(1) All work in or
				about establishments in which clay construction products are manufactured,
				except:
(A) Work in storage and
				shipping;
(B) Work in offices,
				laboratories, and storerooms; and
(C) Work in the drying departments of plants
				manufacturing sewer pipe; and
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-51 - Occupations involved in the operation of circular saws, band saws, and guillotine shears

Current through June,
				2024
(a) As used in this
				section:
"Band saw" means a machine equipped with an endless steel
				  band having a continuous series of notches or teeth, running over wheels or
				  pulleys, and used for sawing materials.
"Circular saw" means a machine equipped with a thin steel
				  disc having a continuous series of notches or teeth on the periphery, mounted
				  on shafting, and used for sawing materials.
"Guillotine shear" means a machine equipped with a movable
				  blade operated vertically and used to shear materials. The term shall not
				  include other types of shearing machines, using a different form of shearing
				  action, such as alligator shears or circular shears.
"Helper" means a person who assists in the operation of a
				  machine covered by this section by helping place materials into or remove them
				  from the machines.
"Machines equipped with full automatic feed and ejection"
				  means machines covered by this section which are equipped with devices for full
				  automatic feeding and ejection and with a fixed barrier guard to prevent
				  completely the operator or helper from placing any body part in the
				  point-of-operation area.
"Operator" means a person who operates a machine covered by
				  this section by performing such functions as starting or stopping the machine,
				  placing materials into or removing them from the machine, or any other
				  functions directly involved in operation of the machine.
(b) Except as otherwise provided in this
				section, the following occupations are declared hazardous for minors under
				eighteen years of age:
(1) The occupations of
				operator or helper on power-driven, fixed, or portable machines such as
				circular saws, band saws, and guillotine shears except those equipped with full
				automatic feed and ejection; and
(2) The occupations of setting up, adjusting,
				repairing, oiling, or cleaning circular saws, band saws, and guillotine
				shears.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-52 - Occupations involved in wrecking, demolition, and shipbreaking operations

Current through June, 2024
(a) As used in this section, "wrecking,
				demolition, and shipbreaking operations" means all work, including clean up and
				salvage work, performed at the site of the total or partial razing,
				demolishing, or dismantling of a building, bridge, steeple, tower, chimney,
				other structure, ship, or other vessel.
(b) All occupations in wrecking, demolition,
				and shipbreaking operations are declared hazardous for minors under eighteen
				years of age.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-53 - Occupations involved in roofing operations

Current through June,
				2024
(a) As used in this
				section:
"Roofing operations" means all work performed in connection
				  with the application of weatherproofing materials and substances (such as tar
				  or pitch, asphalt prepared paper, tile, slate, metal, translucent materials,
				  and shingles of asbestos, asphalt, or wood) to the roof of a building or other
				  structures. The term includes all work performed in connection with the
				  installation of roofs, including related metal work such as flashing, and
				  alterations, additions, maintenance and repair, including painting and coating;
				  of existing roofs. The term does not include gutter and downspout work; the
				  construction of the sheathing or base of roofs; or the installation of
				  television antennas, air conditioners, exhaust and ventilating equipment, or
				  similar appliances attached to roofs.
(b) Except as otherwise provided in this
				section, all occupations in roofing operations are declared hazardous for
				minors under eighteen years of age.
(c) This section shall not apply to the
				employment of any apprentice, trainee, student-learner, or enrollee under
				conditions prescribed in section 12-25-43.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-54 - Occupations involved in excavation operations

Current through
				June, 2024
(a) Except as
				otherwise provided in this section, the following occupations in excavation
				operations are declared hazardous for minors under eighteen years of age:
(1) Excavating, working in, or backfilling
				(refilling) trenches, except:
(A) Manually
				excavating or manually backfilling trenches that do not exceed four feet in
				depth at any point; or
(B) Working
				in trenches that do not exceed four feet in depth at any point;
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-55 - Occupations in connection with mining

Current through June,
				2024
(a) As used in this
				section, "all occupations in connection with mining" means all work performed:
(1) Underground in mines and
				quarries;
(2) On the surface at
				underground mines and underground quarries;
(3) In or about open-cut mines, open
				quarries, clay pits, and sand and gravel operations;
(4) At or about placer mining
				operations;
(5) At or about
				dredging operations for clay, sand, or gravel;
(6) At or about bore-hole mining
				operations;
(7) In or about all
				metal mills, washer plants, or grinding mills reducing the bulk of the
				extracted minerals; and
(8) At or
				about any other crushing, grinding, screening, sizing, washing, or cleaning
				operations performed upon the extracted minerals except where such operations
				are performed as a part of a manufacturing process.
The term does not include work performed in subsequent
				  manufacturing or processing operations, such as work performed in smelters,
				  electrometallurgical plants, refineries, reduction plants, cement mills, plants
				  where quarried stone is cut, sanded, and further processed, or plants
				  manufacturing clay, glass, or ceramic products. Neither does the term include
				  work performed in petroleum production, natural-gas production, nor dredging
				  operations which are not a part of mining operations, such as dredging for
				  construction or navigation purposes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-57 - Occupations involved in agricultural operations

Current through
				June, 2024
The following occupations in agriculture are declared
				  hazardous for minors under sixteen years of age:
(1) Transporting, transferring, or applying
				anhydrous ammonia;
(2) Any
				occupation, including handling, applying, cleaning, or decontaminating
				equipment, associated with any pesticide restricted by the rules of the state
				department of agriculture or the occupational safety and health standards of
				the department;
(3) Operating a
				tractor of over twenty PTO (power take-off) horsepower or connecting or
				disconnecting an implement or any of its parts to or from such
				tractor;
(4) Operating or assisting
				to operate (including starting, stopping, adjusting, feeding, or any work
				involving physical contact associated with the operation of) any of the
				following machines:
(A) Corn picker, rotary
				flailing type forage harvester;
(B)
				Feed grinder, crop dryer, silo filler, roughage blower, auger conveyor, or the
				unloading mechanism of a non-gravity type self-unloading wagon or
				trailer;
(C) Non-walking-type
				rotary tiller, post-hole digger and post-driver;
(D) Earthmoving, trenching;
(E) Fork lift, potato combine; and
(F) Power-driven circular, band, or chain
				saw;
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-58 - Additional hazardous occupations for minors under sixteen

Current through June, 2024
In addition to occupations hereinbefore declared hazardous,
				  the following occupations are declared hazardous for minors under sixteen years
				  of age:
(1) Manufacturing or
				processing occupations, including occupations requiring the performance of any
				duties in workrooms or workplaces where goods are manufactured or otherwise
				processed;
(2) Occupations which
				involve the operation or tending of hoisting apparatus or any power-driven
				machinery other than office machines;
(3) Public messenger service;
(4) Occupations, except such office work
				(including ticket office), or sales work as does not involve the performance of
				any duties on trains, motor vehicles, aircraft, vessels, or other media of
				transportation or at the actual site of construction operations, in connection
				with:
(A) Transportation of persons or
				property by rail, highway, air, water, pipeline, or other means; or
(B) Warehousing and storage; or
(C) Construction (including demolition and
				repair);
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 4 - HAZARDOUS OCCUPATIONS › Section 12-25-59 - Non-hazardous occupations for minors fourteen years of age and over in retail, food service, and gasoline service establishments

Current through
				June, 2024
The following occupations in retail, food service, and
				  gasoline service establishments shall not be deemed hazardous for minors who
				  have attained the age of fourteen:
(1)
				Office and clerical work, including the operation of office machines;
(2) Cashiering, selling, modeling, art work,
				work in advertising departments, window trimming, and comparative
				shopping;
(3) Price marking and
				tagging by hand or by machine, assembling orders, packing, and
				shelving;
(4) Bagging and carrying
				out customers' orders;
(5) Errand
				and delivery work by foot, bicycle, and public transportation;
(6) Clean up work, including the use of
				vacuum cleaners and floor waxers, and maintenance of grounds, but not including
				the use of power-driven mowers or cutters;
(7) Kitchen work and other work involved in
				preparing and serving food and beverages, including the operation of machines
				and devices used in the performance of such work as, but not limited to,
				dishwashers, toasters, dumbwaiters, popcorn poppers, milk-shake blenders, and
				coffee grinders;
(8) Work in
				connection with cars and trucks if confined to dispensing gasoline and oil,
				courtesy service, car cleaning, washing and polishing, and other occupations
				permitted by this section; but not including work involving the use of pits,
				racks, or lifting apparatus or involving the inflation of any tire mounted on a
				rim equipped with a removable retaining ring; and
(9) Cleaning vegetables and fruits, and
				wrapping, sealing, labeling, weighing, pricing, and stocking goods when
				performed in areas physically separate from those where goods are manufactured
				or processed or stored in warehouses.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 5 - FIFTEEN-YEAR-OLD MINORS IN PINEAPPLE HARVESTING › Section 12-25-71 - Definitions

Current through June, 2024
As used in this subchapter:
"Department" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Director" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Employer" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Gainful occupation" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Pineapple harvesting" means gainful occupation of picking or
				  collecting of pineapples and seeds or any other activity incidental or
				  necessary to this harvesting.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 5 - FIFTEEN-YEAR-OLD MINORS IN PINEAPPLE HARVESTING › Section 12-25-72 - Variance for pineapple harvesting

Current through June,
				2024
Subject to all the conditions imposed by this subchapter, a
				  variance is granted from the number of hours in any one week and the hour of
				  termination of the workday as specified in section
				  390-2(c)(4),
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 5 - FIFTEEN-YEAR-OLD MINORS IN PINEAPPLE HARVESTING › Section 12-25-73 - Hours and conditions of employment

Current through June,
				2024
(a) During the
				period from June 1 through the day before Labor Day of each year, minors who
				have attained the age of fifteen but not sixteen may engage in pineapple
				harvesting not more than forty-eight hours in a workweek nor more than eight
				hours in a day and from 6:00 a.m. of a workday to not later than 12:30 a.m. of
				the following day.
(b) The minors
				shall be employed in the fields contingent on the following:
(1) That they will not at any time be
				permitted on the harvesting machine itself or on the truck attached to
				it;
(2) That they will be carefully
				supervised and particular attention given to them at the time the harvester is
				in process of being turned; and
(3)
				That they will wear protective goggles, gloves, and appropriate clothing at all
				times while working.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 5 - FIFTEEN-YEAR-OLD MINORS IN PINEAPPLE HARVESTING › Section 12-25-74 - Employment certificate

Current through June,
				2024
No minor who has attained the age of fifteen but not sixteen
				  shall be employed or permitted to work in pineapple harvesting unless a
				  certificate of employment shall have been obtained pursuant to section
				  390-3,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 6 - EXEMPT EMPLOYMENT IN A RELIGIOUS, CHARITABLE, OR NON-PROFIT ORGANIZATION › Section 12-25-81 - Definitions

Current through June, 2024
As used in this subchapter:
"Department" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Director" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Employer" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Employment" means any service performed by an individual
				  which produces pecuniary gain for any person or persons connected
				  therewith.
"Gainful occupation" shall be as defined in section
				  390-1, Hawaii Revised
				  Statutes.
"Religious, charitable, or non-profit organization" means a
				  corporation, unincorporated association, community chest, fund, or foundation,
				  organized and operated exclusively for religious, charitable, or non-profit
				  purposes, no part of the net earnings of which inure to the benefit of any
				  private shareholder or individual.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 6 - EXEMPT EMPLOYMENT IN A RELIGIOUS, CHARITABLE, OR NON-PROFIT ORGANIZATION › Section 12-25-82 - Exempt employment

Current through June,
				2024
Employment as defined in this subchapter does not include
				  services by any minor under eighteen years of age employed in a non-hazardous
				  occupation by a religious, charitable, or nonprofit organization during periods
				  when the minor is not legally required to attend school or is excused by school
				  authorities from attending school, if performed:
(1) In a voluntary capacity by recipient of
				aid therefrom with the service as incidental to or in return for the aid
				received and for which the recipient expects no wages; or
(2) By a student who is enrolled and
				regularly attending classes and in return for board, lodging, or tuition
				furnished in whole or in part by the school; or
(3) As a member of an organized youth club or
				a student of a school in a voluntary and unpaid capacity on projects of the
				club or school; or
(4) In
				theatrical employment where:
(A) All net
				proceeds of the entertainment accrue to the organization without any earnings
				going to a promoter; and
(B) All
				persons having any connection with the direction, production, or performances
				of the show donate their services and expect no wages except where compensation
				is required by a collective bargaining agreement; or
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 25 - CHILD LABOR › Subchapter 6 - EXEMPT EMPLOYMENT IN A RELIGIOUS, CHARITABLE, OR NON-PROFIT ORGANIZATION › Section 12-25-83 - Status determination

Current through June,
				2024
Any organization claiming to be religious, charitable, or
				  non-profit may be required to provide information to the department for
				  determination as to its status.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-3 - Computation of time

Current through June, 2024
Except where otherwise specified, the time in which any act
				  provided by this chapter is to be done is computed by excluding the first day
				  and including the last, unless the last day is a Saturday, Sunday, or holiday
				  pursuant to section
				  8-1, HRS, and
				  then it is also excluded. This section shall not apply to section
				  12-27-9.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-4 - Employment relationship determination

Current through June,
				2024
Services performed by an individual for wages or under any
				  contract of hire shall be deemed to be employment subject to the statute unless
				  and until it is shown to the satisfaction of the department that:
(1) The individual has been and will continue
				to be free from control or direction over the performance of such service, both
				under the individual's contract of hire and in fact;
(2) The service is either outside the usual
				course of the business for which the service is performed or that the service
				is performed outside of all the places of business of the enterprise for which
				the service is performed; and
(3)
				The individual is customarily engaged in an independently established trade,
				occupation, profession, or business of the same nature as that involved in the
				contract of service.