reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-56 - Record on appeal from board decisions

Current through June,
				2024
(a) The original
				papers and exhibits filed with the board, the transcript of any proceedings
				requested, and the indexes prepared by the chief clerk of the board shall
				constitute the record on appeal.
(b) Within ten days after filing the notice
				of appeal the appellant shall order from a certified court reporter, a
				transcript of the board's audio tape recording of the proceedings which are not
				already on file. The order shall be in writing and within the same ten-day
				period, a copy of the order for transcript shall be filed with the chief clerk
				of the board who shall forward the board's audio tape recording of the
				proceedings to the designated certified court reporter. If no transcript is to
				be ordered, within the same period, the appellant shall file a certificate to
				that effect.
(c) Any appellee may,
				within the following ten days, either order the transcript or move the board
				for an order requiring the appellant to do so.
(d) The court reporter shall file with the
				board the transcript of the proceedings within thirty-five days after the
				filing of the notice of appeal. If the court reporter is unable to complete the
				transcription within that period, the court reporter may request in writing a
				continuance of the filing for up to an additional fifty days.
(e) At the time of ordering, a party shall
				make satisfactory arrangements with the court reporter for payment of the cost
				of the transcript.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - PROCEDURE IN ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-47-60 - Adoption, amendment, or repeal of rules

Current through June,
				2024
(a) Any interested
				person or any agency of the state or county government may petition the board
				for the adoption, amendment, or repeal of any rule.
(b) The petition shall set forth the text of
				any proposed rule or amendment desired or specify the rule the repeal of which
				is desired and state concisely the nature of the petitioner's interest in the
				subject matter and the petitioner's reasons for seeking the adoption,
				amendment, or repeal of the rule and shall include any facts, views, arguments,
				and data deemed relevant by the petitioner. The board may also require the
				petitioner to serve other persons or governmental agencies known to be
				interested in the proposed rulemaking. No request for the adoption, amendment,
				or repeal of a rule which does not conform to the requirements set forth in
				this section will be considered by the board.
(c) Petitions for rulemaking will be given
				docket numbers and will become matters of public record upon filing. The board,
				within thirty days following the filing of the petition, shall either deny the
				petition in writing or initiate proceedings for the adoption, amendment, or
				repeal of the rule as provided by law.
(d) No public hearing, oral arguments, or
				other form of proceedings will be held directly on any petition unless the
				board determines that a petition discloses sufficient reasons in support of the
				relief requested to justify a public hearing. Where the board determines that
				the petition does not disclose sufficient reasons to justify the institution of
				public rulemaking procedures, or where the petition for rulemaking fails in any
				material respect to comply with the requirements of this subchapter, the
				petitioner shall be so notified together with the grounds for denial. The
				provisions of this section shall not operate to prevent the board on its own
				motion from acting on any matter disclosed in any petition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - PROCEDURE IN ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-47-61 - Conduct of public hearing on proposed rulemaking

Current through
				June, 2024
(a) Each
				public hearing on the proposed adoption, amendment, or repeal of any rule shall
				be conducted in such a way to afford to interested persons a reasonable
				opportunity to be heard on matters relevant to the issues involved so as to
				obtain a clear and orderly record. The presiding member shall have authority to
				administer oaths or affirmations and to take all other actions necessary to the
				orderly conduct of the hearing.
(b)
				The hearing shall be held at the time and place set in the notice of hearing,
				but may be continued by the board from day to day or adjourned to a later date
				or to a different place without notice other than the announcement thereof at
				the hearing.
(c) At the
				commencement of the hearing, the presiding member shall outline briefly the
				procedure to be followed. Testimony shall then be received with respect to the
				matters specified in the notice of hearing in such order as the presiding
				member shall prescribe.
(d) All
				interested persons shall be given reasonable opportunity to offer testimony
				with respect to the matters specified in the notice of hearing. All witnesses
				shall, before proceeding to testify, state their name, address, whom they
				represent at the hearing, and shall give such other information regarding their
				appearance as the board may request. The board shall confine the testimony to
				questions before the hearing. All witnesses shall be subject to questioning by
				the board or by any other authorized representative, but cross-examination by
				private persons shall not be permitted unless the presiding member expressly
				permits it.
(e) All interested
				persons or agencies of the State or political subdivision of the State may
				submit in writing to the board, either prior to or at the hearing, any data,
				views, or arguments which are relevant to the issue. At the discretion of the
				board, additional written comments or recommendations may be filed within a
				period set by the board.
(f) Unless
				otherwise specifically ordered by the board, testimony given at the hearing
				shall not be reported verbatim. All supporting written statements, maps,
				charts, tabulations, or similar data offered at the hearing, and which are
				deemed by the board to be authentic and relevant, shall be received and made a
				part of the record. Unless the presiding member finds that the furnishing of
				copies is impractical, four copies of the exhibits shall be
				submitted.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-1 - Scope and purpose

Current through June,
				2024
(a) This chapter
				implements Act 377, SLH 1987, which amends chapter
				394B, HRS, relating to dislocated
				workers.
(b) Chapter 394B, HRS,
				protects employees from the effects of unexpected and sudden lay-offs or
				terminations which result from closings, partial closings, or relocations due
				to the sale, transfer, merger, and other business takeover or transaction of
				business interests.
(c) Chapter
				394B, HRS, provides that affected
				employees are to receive advance notice and a limited dislocated worker
				allowance to give them an opportunity to adjust their lives in an orderly
				manner, as well as to receive retraining or other reemployment assistance from
				the department. However, where an affected employee is eligible under a
				collective bargaining agreement for supplemental unemployment compensation
				benefits, the employee is exempted from receiving the dislocated worker
				allowance.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-3 - Covered establishment

Current through June,
				2024
(a) In order to be
				considered a covered establishment, an entity shall:
(1) Be an industrial, commercial, or other
				legal business entity which is a party to a sale, transfer, merger, and other
				business takeover or transaction of business interests as defined herein;
				and
(2) Employ at any time in the
				preceding twelve-month period, fifty or more persons in the State or Hawaii as
				determined by any payroll or other reasonable accounting period within the
				twelve consecutive calendar months preceding the closing, partial closing, or
				relocation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-4 - Closing

Current through June, 2024
(a) In order for there to be a closing, there
				shall be:
(1) A sale, transfer, merger, and
				other business takeover or transaction of business interests;
(2) A permanent shutting down of all
				operations within a covered establishment due to paragraph (1); and
(3) An actual or potential lay-off or
				termination of employees of a covered establishment by the employer as a result
				of paragraph (2).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-5 - Partial closing

Current through June,
				2024
(a) In order for
				there to be a partial closing, there shall be:
(1) A sale, transfer, merger, and other
				business takeover or transaction of business interests; and
(2) A permanent shutting down of a portion of
				operations within a covered establishment due to paragraph (1); and
(3) An actual or potential termination of a
				portion of the employees of a covered establishment by the employer as a result
				of paragraph (2).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-6 - Relocation

Current through June, 2024
(a) In order for there to be a relocation for
				the purposes of chapter
				394B, HRS, there must be a removal
				of all or substantially all of the industrial, commercial, or business
				operations in a covered establishment to a location outside of the State of
				Hawaii.
(b) A relocation requires a
				notification and dislocated worker allowance if it occurs due to a sale,
				transfer, merger, and other business takeover or transaction of business
				interests which results in or may result in a lay-off or termination of
				employees of a covered establishment by the employer.
(c) Relocations that occur due to factors
				such as business failure, bankruptcy, or loss of lease or contract are not
				covered by this section.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-7 - Notification

Current through June, 2024
(a) Any employer subject to the provisions of
				chapter
				394B, HRS, shall provide written
				notification not less than sixty calendar days prior to the closing, partial
				closing, or relocation to each affected employee and to the director.
(b) Written notification to the affected
				employee shall include:
(1) Date of proposed
				closing, partial closing, or relocation; and
(2) Information that the employee, upon
				lay-off or termination, may be eligible for dislocated worker allowance, for
				which the employee must receive a determination of eligibility for unemployment
				compensation benefits from the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-8 - Dislocated worker allowance

Current through June,
				2024
(a) To receive a
				dislocated worker allowance, an affected employee shall:
(1) Be laid off or terminated as a result of
				a closing, partial closing, or relocation;
(2) Not receive any supplemental unemployment
				compensation benefits as a result of any contractual agreement arrived at
				through a collective bargaining process;
(3) Apply for and be eligible under section
				383-29(a),
				HRS, and not be disqualified under section
				383-30,
				HRS, to receive payment for unemployment compensation for that particular week
				under chapter
				383, HRS; and
(4) File a claim to receive the dislocated
				worker allowance with the employer in accordance with procedures established by
				the employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-9 - Petition for declaratory ruling

Current through June,
				2024
Any interested person may petition the director for a
				  declaratory order as to the applicability of any provision of chapter
				  394B, HRS, or of any rule
				  promulgated or order rendered thereunder, pursuant to section
				  91-8,
				  HRS. In any such proceeding, in addition to section
				  12-1-5, Hawaii Administrative
				  Rules, the director may require any other person to file any data or memoranda
				  on any positions taken by an employer or employee on the petition, and may
				  further require the person to take part in any hearing on the petition ordered
				  by the director. Any other person may request a hearing by filing a requests in
				  writing and stating in detail why a hearing is necessary for a fair
				  consideration of the petition. Orders disposing of petitions in these cases
				  shall have the same status as other departmental orders.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-1 - Purpose

Current through June, 2024
This chapter implements section
				  396-19,
				  Hawaii Revised Statutes, and promulgates rules for the certification of
				  hoisting machine operators. The provisions of this chapter shall apply to any
				  person or persons who act as a hoisting machine operator.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-2 - Scope

Current through June, 2024
Certification of hoisting machine operators is limited to
				  operators of power-operated equipment covered by
				  29 C.F.R.
				  §1926.1400 and meeting operator qualification
				  and certification requirements under
				  29 C.F.R.
				  §1926.1427.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-3 - Definitions

Current through June, 2024
As used in this chapter:
"ASME B30.3" means ASME B30.3-2009, American Society of
				  Mechanical Engineers Safety Standards.
"ASME B30.5" means ASME B30.5-2007, American Society of
				  Mechanical Engineers Safety Standards.
"Board" means the hoisting machine operators' advisory
				  board.
"Certificate" means any hoisting machine operator
				  certificate, or renewal certificate issued by the director authorizing a person
				  to operate a hoisting machine.
"Certified operator" means a person with a current and valid
				  certificate, or renewal certificate issued by the director to operate a
				  hoisting machine.
"Department" means the State department of labor and
				  industrial relations.
"Director" means the director of the department of labor and
				  industrial relations or the director's designee.
"DOT" means State department of transportation.
"NCCCO" means National Commission for the Certification of
				  Crane Operators.
"Non-certified operator" means any person who operates a
				  hoisting machine without a valid and current certificate issued by the
				  director.
"State" means State of Hawaii.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-4 - Hoisting machine operators' advisory board

Current through
				June, 2024
The board shall be composed of five members from both
				  organized labor and management employers. The members are to serve without
				  compensation and without reimbursement for expenses. Members shall be appointed
				  by the governor and may adopt rules pursuant to chapter
				  91, Hawaii Revised Statutes, for
				  carrying out the purposes of the hoisting machine operators' advisory
				  board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-5 - Certificate required

Current through June,
				2024
(a) No person shall
				operate a hoisting machine covered by this chapter without a current
				certificate except as identified in this chapter.
(b) Any person who operates a hoisting
				machine shall have and carry a current and valid certificate while operating a
				hoisting machine.
(c) An operator
				must have a current physical examination certificate as required in section
				12-48-6(b) at all times. Such proof, must be submitted upon request to the
				director within two hours of request.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-6 - Application process

Current through June,
				2024
(a) An applicant
				for a certificate shall be at least twenty-one years of age at the time of
				application and provide proof of age by submitting a valid original of any two
				of the following for the purpose of photocopying:
(1) Birth certificate;
(2) Driver's license;
(3) Passport; or
(4) Hawaii State ID.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-8 - Renewals

Current through June, 2024
(a) Applications for renewal of hoisting
				machine operator certificates shall be made on forms provided by the director
				and must be submitted to the director with a nonrefundable renewal fee. Renewal
				applications must be submitted with the required forms identified in sections
				12-48-6(b) and (c).
(b) The
				application for renewal must be filed with the director no later than ninety
				days after the expiration of the current certificate. Renewals will be granted
				or denied within sixty days of the receipt of a complete renewal application as
				defined in subsection (a).
(c) If
				an application for renewal is filed ninety-one days or more after the
				expiration of the current certificate, it shall be considered a new
				application.
(d) State-issued
				renewal certifications shall be valid for the balance of the NCCCO
				certification or other equivalent certification that is accepted by the board,
				but not to exceed five years.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-9 - Denials, suspensions, and revocations

Current through June,
				2024
(a) The director
				may deny, suspend, or revoke the certificate of a holder for any of these
				reasons:
(1) A violation of ASME
				B30.5;
(2) Non-compliance with an
				order of the director within the time specified in the order;
(3) Proof that the applicant or holder has
				been convicted of a crime directly related to the applicant's possible
				performance under the certificate applied for and where the applicant has not
				been sufficiently rehabilitated to warrant the public trust;
(4) Proof that the applicant or holder
				suffers from a mental or physical defect that would interfere with or prevent
				the applicant's safe handling of a hoisting machine;
(5) Providing false information or making any
				misrepresentation for the purpose of obtaining a certificate;
(6) The applicant or holder is an unlawful
				user of narcotics or dangerous drugs;
(7) A finding that the certificate holder was
				responsible or contributed to an accident involving a hoisting machine;
				or
(8) For any other reason which
				at the discretion of the director would create a hazard or risk to persons or
				property.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-10 - Appeals process

Current through June,
				2024
(a) Any denial,
				revocation, or suspension shall be final and conclusive against the applicant
				or holder unless a written notice of contest is filed with the director. The
				written notice of contest shall be an original, served on the director and must
				be postmarked, or if not mailed, received by the director within twenty
				calendar days of the denial, revocation, or suspension.
(b) The department shall hold the appeals
				hearing within thirty calendar days of receipt of the written request. The
				reconsideration hearing shall be de novo and its findings may be contested on
				the record only to the hawaii labor relations board.
(c) The applicant or holder may request an
				informal conference to discuss the denial, revocation, or suspension, but the
				informal conference shall not suspend or change the twenty-day filing
				requirement for the notice of contest.
(d) Upon notice of revocation of a state
				hoisting machine operator certificate, the operator shall immediately surrender
				to the department the revoked state hoisting machine operator
				certificate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 7 - BOARDS › Chapter 48 - HOISTING MACHINE OPERATORS › Section 12-48-11 - Fees

Current through June, 2024
(a) The applicant shall submit the completed
				application form to the director with a $50 application fee.
(b) After the applicant is notified of
				approval, the applicant shall remit a $500 certification fee within thirty
				calendar days to the director. For certification periods of less than five
				years, the fee is prorated to a year or portion of a year. The fee for one year
				or a fraction of one year is $100.
(c) Upon approval for a special certificate,
				the applicant shall remit a $300 fee to the director within thirty calendar
				days to the director.
(d) Renewal
				applications shall be submitted to the director and accompanied with the
				renewal fee of $500.
(e) All
				application and certification fees are nonrefundable.
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 50 - GENERAL PROVISIONS AND DEFINITIONS › Section 12-50-1 - Application

Current through June, 2024
This part contains Occupational Safety and Health
					 Administrative rules, which apply to parts 1 through 8. Part 2 applies to all
					 industries in all work environments, except that audiometric testing in
					 29 C.F.R. §
											1910.95 does not apply to construction work
					 unless employees are exposed to an eight-hour time weighted average of ninety
					 (90) dBA and above. Part 3 applies only to construction.
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 50 - GENERAL PROVISIONS AND DEFINITIONS › Section 12-50-3 - Use of existing equipment

Current through June,
				  2024
Nothing in these rules shall prevent the use of existing
					 equipment during its lifetime, if it is safeguarded properly, maintained in
					 good condition, and conforms to factors of safety.
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 50 - GENERAL PROVISIONS AND DEFINITIONS › Section 12-50-4 - Sufficiency of safeguards

Current through June,
				  2024
The director may require safeguards not required in these
					 standards if a sufficient hazard exists to warrant this action. The final
					 determination of the sufficiency of any safeguard rests with the
					 director.
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 50 - GENERAL PROVISIONS AND DEFINITIONS › Section 12-50-5 - Minimum standards

Current through June,
				  2024
These rules establish minimum standards applying to all
					 employment and places of employment in Hawaii as defined by chapter
					 396, HRS.
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 50 - GENERAL PROVISIONS AND DEFINITIONS › Section 12-50-6 - Computation of time

Current through June, 2024
(a) The time in which any act required by
				  these rules is computed by excluding the first day and including the last,
				  except for the computation of the number of days a violation continued
				  unabated. If the last day falls on a Saturday, Sunday, or legal holiday, it is
				  also excluded.
(b) The number of
				  days a violation continues to be unabated shall be computed from the day
				  following the abatement date specified in the citation or the final order. It
				  shall include all calendar days between that date and the date of reinspection,
				  excluding the date of reinspection.
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 50 - GENERAL PROVISIONS AND DEFINITIONS › Section 12-50-10 - Miscellaneous

Current through June, 2024
(a) Personal protective equipment. Standards
				  in this part requiring the employer to provide personal protective equipment
				  (PPE), including respirators and other types of PPE, because of hazards to
				  employees impose a separate compliance duty with respect to each employee
				  covered by the requirement. The employer must provide PPE to each employee
				  required to use the PPE, and each failure to provide PPE to an employee may be
				  considered a separate violation.
(b) Training. Standards in this part
				  requiring training on hazards and related matters, such as standards requiring
				  that employees receive training or that the employer train employees, provide
				  training to employees, or institute or implement a training program, impose a
				  separate compliance duty with respect to each employee covered by the
				  requirement.
The employer must train each affected employee in the
					 manner required by the standard, and each failure to train an employee may be
					 considered a separate violation.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-1 - Purpose and scope

Current through June, 2024
Every employer to which chapter
					 396, HRS, applies is required to
					 furnish, to its employees, employment and a place of employment free from
					 recognized hazards that are causing or are likely to cause death or serious
					 physical harm to its employees. The law also requires that employers comply
					 with occupational safety and health standards adopted under the law, and that
					 employees comply with standards, rules, and orders issued under the law which
					 are applicable to their actions and conduct. The law authorizes the department
					 to conduct inspections and to question privately employers and employees in
					 connection with investigation, enforcement and inspection activities. The law
					 provides for adjudication of violations, periods prescribed for the correction
					 of violations, and proposed penalties by the appeals board, if contested by an
					 employer or by an employee, or designated representative of the employees, and
					 for judicial review. The purpose of this chapter is to prescribe rules and to
					 set forth general policies for enforcement of the inspection, citation, and
					 proposed penalty requirements of the law. In situations where this chapter sets
					 forth general enforcement policies rather than substantive or procedural rules,
					 the policies may be modified in specific circumstances where the director
					 determines that an alternative course of action would better serve the
					 objectives of the law.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-2 - Posting of notice

Current through June,
				  2024
(a) Each employer
				  shall post, and keep posted, a notice made available by the division, informing
				  employees of:
(1) The protections and
				  obligations under the law; and
(2)
				  The availability of assistance and information, including copies of the law and
				  of specific safety and health standards, from the employer or the nearest
				  office of the department.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-3 - Authority for inspection

Current through June,
				  2024
(a) Safety and
				  health compliance officers are authorized to enter without delay and at
				  reasonable times any factory, plant, establishment, construction site, or any
				  other area, workplace, or environment where work is performed by an employee of
				  an employer. Officers may inspect and investigate during regular working hours
				  and at other reasonable times, and within reasonable limits, and in a
				  reasonable manner, any place of employment, and all pertinent conditions,
				  structures, machines, apparatus, devices, equipment, and materials. Officers
				  may question privately any employer, owner, operator, agent, or employee and
				  may review records required by the rules and standards, and other records that
				  are directly related to the purpose of the inspection. Officers of the
				  department are authorized to make inspections and to question employers and
				  employees in order to carry out the functions of the director under the law.
				  Inspections conducted by safety and health compliance officers and
				  representatives of the director shall not affect the authority of any federal
				  agency to conduct inspections in accordance with agreements under federal
				  law.
(b) Prior to inspecting areas
				  containing information that is classified by an agency of the United States
				  Government in the interest of national security, safety and health compliance
				  officers shall obtain the appropriate security clearance.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-4 - Objection to inspection

Current through June,
				  2024
(a) Upon a refusal
				  to permit a safety and health compliance officer, in the exercise of official
				  duties, to enter without delay and at reasonable times any place of employment
				  or any place therein, to inspect, review records, or question any employer,
				  owner, operator, agent, or employee, in accordance with section 12-51-3 or
				  permit a designated representative of the employees to accompany the safety and
				  health compliance officer during the physical inspection of any workplace, the
				  safety and health compliance officer shall terminate the inspection or confine
				  the inspection to other areas, conditions, structures, machines, apparatus,
				  devices, equipment, materials, records, or interviews concerning that no
				  objection is raised. The safety and health compliance officer shall endeavor to
				  ascertain the reason for the refusal, and shall immediately report the refusal
				  and the reason therefore to the director. The director shall promptly take
				  action including compulsory process if necessary.
(b) Compulsory process shall be sought in
				  advance of an attempted inspection or investigation if in the judgment of the
				  director circumstances exist that make the pre-inspection process desirable or
				  necessary. Some examples of circumstances in that it may be desirable or
				  necessary to seek compulsory process in advance of an attempt to inspect or
				  investigate include, but are not limited to, situations:
(1) When the employer's past practice either
				  implicitly or explicitly indicated that a warrantless inspection will not be
				  allowed;
(2) When an inspection is
				  scheduled far from the local office and procuring a warrant prior to leaving to
				  conduct the inspection would avoid, in case of refusal of entry, the
				  expenditure of significant time and resources to return to the office, obtain a
				  warrant, and return to the worksite; and
(3) When an inspection includes the use of
				  special equipment or when the presence of an expert or experts is needed in
				  order to properly conduct the inspection, and procuring a warrant prior to an
				  attempt to inspect would alleviate the difficulties or costs encountered in
				  coordinating the availability of the equipment or expert.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-5 - Entry not a waiver

Current through June,
				  2024
Any permission to enter, inspect, review records, or
					 question any person, shall not imply or be conditioned upon a waiver of any
					 cause of action, citation, or penalty under the law. Safety and health
					 compliance officers are not authorized to grant any waiver.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-6 - Advance notice of inspections

Current through June,
				  2024
(a) Advance notice
				  of inspections may not be given, except:
(1)
				  In cases of apparent imminent danger, to enable the employer to abate the
				  danger as quickly as possible;
(2)
				  In circumstances where the inspection can most effectively be conducted after
				  regular business hours or where special preparations are necessary for an
				  inspection;
(3) Where necessary to
				  assure the presence of representatives of the employer and employees or the
				  appropriate personnel needed to aid in the inspection; and
(4) In other circumstances where the director
				  determines that the giving of advance notice would enhance the probability of
				  an effective and thorough inspection.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-7 - Conduct of inspections

Current through June,
				  2024
(a) Subject to
				  section 12-51-3, inspections shall take place at times and in places of
				  employment as the director, the administrator, or the safety and health
				  compliance officer may direct. At the beginning of an inspection, safety and
				  health compliance officers shall present their credentials to the owner,
				  operator, or agent in charge at the establishment, explain the nature and
				  purpose of the inspection, and indicate generally the scope of the inspection
				  and the records specified in section 12-51-3 which they wish to review.
				  However, this designation of records shall not preclude access to additional
				  records specified in section 12-51-3.
(b) Safety and health compliance officers may
				  take environmental samples and take or obtain photographs related to the
				  purpose of the inspection, employ other reasonable investigative techniques,
				  and question privately any employer, owner, operator, agent, or employee of an
				  establishment. The term "employ other reasonable investigative techniques"
				  includes, but is not limited to, the use of devices to measure employee
				  exposures and the attachment of personal sampling equipment (such as
				  dosimeters, pumps, badges, and other similar devices) to employees in order to
				  monitor their exposures.
(c) In
				  taking photographs and samples, safety and health compliance officers shall
				  take reasonable precautions to insure that actions with equipment (such as
				  flash- or spark-producing equipment) will not be hazardous. Safety and health
				  compliance officers shall comply with all employer safety and health rules and
				  practices at the establishment being inspected, and they shall wear and use
				  appropriate protective clothing and equipment.
(d) Inspections shall be conducted in a
				  manner to preclude unreasonable disruption of the operations of the employer's
				  establishment.
(e) At the
				  conclusion of an inspection, the safety and health compliance officer shall
				  confer with the employer or their chosen representative and informally advise
				  either of them of any apparent safety or health violations disclosed by the
				  inspection. During this closing conference, the employer shall be afforded an
				  opportunity to bring to the attention of the safety and health compliance
				  officer any information regarding conditions in the workplace.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-8 - Representatives of employers and employees

Current through June,
				  2024
(a) Safety and
				  health compliance officers shall be in charge of inspections and interviews. A
				  representative of the employer and a designated representative of the employees
				  shall be given an opportunity to accompany the safety and health compliance
				  officer during the physical inspection of any workplace for the purpose of
				  aiding an inspection. A safety and health compliance officer may permit
				  additional employer representatives and additional designated representatives
				  of the employees when the officer determines that the additional
				  representatives will further aid the inspection. A different employer and
				  employee representative may accompany the safety and health compliance officer
				  during each different phase of an inspection if this will not interfere with
				  the inspection.
(b) Safety and
				  health compliance officers shall resolve all disputes as to whom is the
				  representative authorized by the employer and employees for the purpose of this
				  section. If there is no designated representative of the employees, or if the
				  safety and health compliance officer is unable to determine with reasonable
				  certainty who is the designated representative, the officer shall consult with
				  a reasonable number of employees concerning matters of safety and health in the
				  workplace.
(c) The designated
				  representative of the employees should be an employee of the employer. However,
				  if, in the judgment of the safety and health compliance officer, good cause has
				  been shown why accompaniment by a third party who is not an employee of the
				  employer (such as an industrial hygienist or a safety professional) is
				  reasonably necessary to conduct an effective and thorough physical inspection
				  of the workplace, that third party may accompany the safety and health
				  compliance officer during the inspection.
(d) Employee representatives are encouraged
				  to participate in all phases of the enforcement proceedings. This includes the
				  opening conference, walk around inspection, closing conference, and the
				  informal conferences with the administrator.
(e) Safety and health compliance officers are
				  authorized to deny the right of accompaniment under this section to any person
				  whose conduct interferes with a fair and orderly inspection. With regard to
				  information classified by an agency of the federal government in the interest
				  of national security, only persons authorized to have access to this
				  information may accompany a safety and health compliance officer in areas
				  containing this information.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-9 - Trade secrets

Current through June,
				  2024
(a) At the
				  commencement of an inspection, the employer may identify areas in the
				  establishment which contain or which might reveal a trade secret. If the safety
				  and health compliance officer has no clear reason to question this
				  identification, information obtained in those areas, including all negatives
				  and prints of photographs and environmental samples, shall be labeled
				  "confidential-trade secret" and shall not be disclosed except in accordance
				  with the law.
(b) Upon request of
				  an employer, the designated representative of the employees under section
				  12-51-8 in that area shall be an employee of the area containing trade secrets.
				  Where there is no designated representative or employee, the safety and health
				  compliance officer shall consult with a reasonable number of employees who work
				  in that area concerning matters of safety and health.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-10 - Consultation with employees

Current through June,
				  2024
Safety and health compliance officers may consult with
					 employees concerning matters of occupational safety and health to the extent
					 necessary for the conduct of an effective and thorough inspection. During the
					 course of an inspection, any employee shall be afforded an opportunity to bring
					 any violation of the law that exists in the workplace to the attention of the
					 safety and health compliance officer.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-12 - Inspection or Investigation not warranted; informal review

Current
				  through June, 2024
If the director determines that an inspection or
					 investigation is not warranted because there are no reasonable grounds to
					 believe that a violation or danger exists with respect to a complaint under
					 section 12-51-11, the director shall
					 notify the complaining party in writing of that determination. The
					 determination shall be without prejudice to the filing of a new complaint
					 meeting the requirements of section
					 12-51-11(a). The
					 complaining party may obtain review of the determination by submitting a
					 written statement of position with the director. Upon the request of the
					 complaining party, the director may hold a redetermining hearing in which the
					 complaining party may orally present his views. After considering all written
					 and oral views presented, the director shall affirm or reverse the prior
					 determination not to conduct an inspection or investigation and inform the
					 complaining party of the decision and reasons.
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 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-13 - Imminent danger

Current through June,
				  2024
When a safety and health compliance officer concludes, on
					 the basis of an inspection, that conditions or practices exist in any place of
					 employment which could reasonably be expected to cause death or serious
					 physical harm immediately or before the imminence of the danger can be
					 eliminated through the enforcement procedures otherwise provided by the law,
					 the officer shall inform the affected employees and employers of the danger.
					 The officer shall also inform the affected employees and employers that he or
					 she is recommending a civil action to restrain the employers from permitting
					 the continuance of the dangerous conditions or practices in accordance with the
					 law. Appropriate citations and notices of proposed penalties may be issued with
					 respect to an imminent danger even though, after being informed of the danger
					 by the safety and health compliance officer, the employer immediately
					 eliminates the imminence of the danger and initiates steps to abate the
					 danger.