reglab/statecodes huggingface dataset:
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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-4 - Procedure for rulemaking

Current through June,
				  2024
The director shall publish in a newspaper of general
					 circulation in the State a notice of proposed rulemaking (the adoption,
					 amendment, or repeal of a rule) at least once which shall include:
(1) A statement of the substance of the
				  proposed rule or the amendment or repeal and the place where a complete copy
				  may be obtained or examined, or both;
(2) The date, time, and place of a public
				  hearing where interested persons may be heard, it shall be held not less than
				  twenty days after the date of publication;
(3) An invitation to all interested parties
				  to submit data, views, arguments, comments, and objections orally or in
				  writing; and
(4) Any other
				  information or provision deemed appropriate with regard to the
				  proceeding.
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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-5 - Nature of hearings

Current through June,
				  2024
(a) The public
				  hearing shall be legislative in type. The director or a duly authorized
				  representative shall preside over the hearing.
(b) The hearing shall be conducted in such a
				  way as to afford interested persons a reasonable opportunity to be heard on
				  matters relevant to the issues involved and so as to obtain a clear and orderly
				  record.
(c)The presiding officer
				  shall have all the powers necessary and appropriate to conduct a fair and full
				  hearing, including the powers:
(1) To
				  regulate the course of the hearing;
(2) To dispose of procedural requests,
				  obligations, and comparable matters;
(3) To confine the presentations to the
				  issues specified in the notice of hearing, or, where no issues are specified,
				  to matters pertinent to the proposed rule;
(4) To regulate the conduct of those present
				  at the hearing by appropriate means;
(5) To take official notice of material facts
				  not appearing in the record, so long as parties are entitled, on timely
				  request, to an opportunity to show the contrary;
(6) In the presiding officer's discretion, to
				  keep the record open for a reasonable stated time to receive written
				  recommendations, supporting reasons, additional data, views, and arguments from
				  any person who has participated in the hearing; and
(7) The presiding officer shall have
				  authority to administer oaths or affirmations and to take all other actions
				  necessary to the orderly conduct of the hearing.
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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-6 - Decision

Current through June, 2024
The director shall fully consider all written and oral
					 submissions respecting the proposed rule or the amendment or repeal of a rule.
					 The decision may be rendered at the public hearing or an announcement may be
					 made as to when the department intends to make its decision.
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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-7 - Emergency rules

Current through June, 2024
In cases of an emergency, the department may proceed under
					 the imminent peril provisions of chapter
					 91, HRS, or under the "Emergency
					 Temporary Standards" provisions of chapter
					 396, HRS, as the director may
					 determine.
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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-8 - Effective date of action on rules

Current through June,
				  2024
The adoption, amendment, or repeal of any rule shall take
					 effect in accordance with the provisions of chapter
					 91, HRS, provided that any rulemaking
					 under the "imminent peril" provisions shall take effect in the manner provided;
					 and that "Emergency Temporary Standards" shall take effect in the manner set
					 forth in 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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-9 - Construction of chapter

Current through June,
				  2024
In case of any conflict, ambiguity, or inconsistency,
					 chapter
					 91 or
					 396, HRS, shall supersede and control
					 the provisions of this chapter.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-1 - General policy

Current through June,
				  2024
HIOSH access to employee medical records will in certain
					 circumstances be important to the division's Performance of its statutory
					 functions. Medical records, however, contain personal details concerning the
					 lives of employees. Due to the substantial personal privacy interests involved,
					 HIOSH authority to gain access to personally identifiable employee medical
					 information shall be exercised only after HIOSH has made a careful
					 determination of its need for this information, and only with appropriate
					 safeguards to protect individual privacy. Once this information is obtained,
					 HIOSH examination and use of it will be limited to only that information needed
					 to accomplish the purpose of access. Personally identifiable employee medical
					 information will be retained by HIOSH only for so long as needed to accomplish
					 the purpose of access, shall be kept secure while being used, and shall not be
					 disclosed to other agencies or members of the public except in narrowly defined
					 circumstances.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-2 - Scope and application

Current through June,
				  2024
(a) This chapter
				  establishes procedures to implement the general policy.
(b) This chapter applies to all requests by
				  HIOSH personnel to obtain access to records in order to examine or copy
				  personally identifiable employee medical information, whether or not pursuant
				  to the access provision of section 1910.1020.
(c) This chapter does not apply to HIOSH
				  access to, or the use of, aggregate employee medical information or medical
				  records on individual employees which are not in a personally identifiable form
				  nor to records required by chapter
				  12-52.1, to death certificates, nor to
				  employee exposure records, including biological monitoring records treated by
				  section 1910.1020, or by specific occupational safety and health standards such
				  as exposure records.
(d) This
				  chapter does not apply where HIOSH compliance personnel conduct an examination
				  of employee medical records solely to verify employer compliance with the
				  medical surveillance recordkeeping requirements of an occupational safety and
				  health standard, or with section 1910.1020. An examination of this nature shall
				  be conducted on-site and, if requested, shall be conducted under the
				  observation of the recordholder. The HIOSH compliance personnel shall not
				  record and take off-site any information from medical records other than
				  documentation of the fact of compliance or non-compliance.
(e) This chapter does not apply to HIOSH
				  access to, or the use of, personally identifiable employee medical information
				  obtained in the course of litigation.
(f) This chapter does not apply where a
				  written directive by the director authorizes appropriately qualified personnel
				  to conduct limited reviews of specific medical information mandated by an
				  occupational safety and health standard, or of specific biological monitoring
				  test results.
(g) Even if not
				  covered by the terms of this chapter, all medically related information
				  reported in a personally identifiable form shall be handled with appropriate
				  discretion and care befitting all information concerning specific employees.
				  There may be, for example, personal privacy interests involved which militate
				  against disclosure of this kind of information to the public.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-3 - Director

Current through June, 2024
The director shall be responsible for the overall
					 administration and implementation of the procedures contained in this chapter
					 including making final HIOSH determinations concerning:
(1) Access to personally identifiable
				  employee medical information, as provided in section 12-55-6; and
(2) Inter-agency transfer or public
				  disclosure of personally identifiable employee medical information, as provided
				  in section 12-55-18.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-4 - HIOSH medical records officer

Current through June,
				  2024
The director shall designate a HIOSH official with
					 experience or training in the evaluation, use, and privacy protection of
					 medical records to be the HIOSH medical records officer. The HIOSH medical
					 records officer shall report directly to the director on matters concerning
					 this section and shall be responsible for:
(1) Making recommendations to the director as
				  to the approval or denial of written access orders, pursuant to section
				  12-55-6;
(2) Ensuring that written
				  access orders meet the requirements of sections 12-55-7 and 12-55-8;
(3) Responding to employee, or their
				  designated representative, and employer objections concerning written access
				  orders, as provided in section 12-55-11;
(4) Regulating the use of direct personal
				  identifiers, as provided in section 12-55-12;
(5) Regulating internal HIOSH use and
				  security of personally identifiable employee medical information, pursuant to
				  sections 12-55-13, 12-5514, and 12-55-15;
(6) Ensuring that the results of HIOSH
				  analyses of personally identifiable medical information are communicated to
				  employees, as provided in section 12-55-16;
(7) Preparing an annual report of HIOSH's
				  experience pursuant to section 12-55-17; and
(8) Ensuring that advance notice is given of
				  intended inter-agency transfers or public disclosures, pursuant to section
				  12-55-18.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-5 - Principal HIOSH investigator

Current through June,
				  2024
The principal HIOSH investigator shall be the HIOSH
					 employee, in each instance of access to personally identifiable employee
					 medical information, who is made primarily responsible for ensuring that the
					 examination and use of this information is performed in the manner prescribed
					 by a written access order and the requirements of sections
					 12-55-6 through
					 12-55-18. When access is pursuant
					 to a written access order, the principal HIOSH investigator shall be
					 professionally trained in medicine, public health, or allied fields such as
					 epidemiology, toxicology, industrial hygiene, biostatistics, and environmental
					 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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-6 - Requirement for written access order

Current through June,
				  2024
Except as provided in section
					 12-55-9, each request by a HIOSH
					 representative to examine or copy personally identifiable employee medical
					 information contained in a record held by an employer or other recordholder
					 shall be made pursuant to a written access order which has been approved by the
					 director upon the recommendation of the HIOSH medical records officer. If
					 deemed appropriate, a written access order may constitute or be accompanied by
					 an administrative subpoena.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-7 - Approval criteria for written access order

Current through
				  June, 2024
Before approving a written access order, the director and
					 the HIOSH medical records officer shall determine that:
(1) The medical information to be examined or
				  copied is relevant to a statutory purpose and there is a need to gain access to
				  this personally identifiable information;
(2) The personally identifiable medical
				  information to be examined or copied is limited to only that information needed
				  to accomplish the purpose for access; and
(3) The personnel authorized to review and
				  analyze the personally identifiable medical information are limited to those
				  who have a need for access and have appropriate professional
				  qualifications.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-8 - Content of written access order

Current through June,
				  2024
Each written access order shall state with reasonable
					 particularity:
(1) The statutory
				  purposes for which access is sought;
(2) A general description of the kind of
				  employee medical information that will be examined and why there is a need to
				  examine personally identifiable information;
(3) Whether medical information will be
				  examined on-site, and what type of information will be copied and taken
				  off-site;
(4) The name, address,
				  and phone number of the principal HIOSH investigator and the names of any other
				  authorized persons who are expected to review and analyze the medical
				  information;
(5) The name, address,
				  and phone number of the HIOSH medical records officer; and
(6) The anticipated period of time during
				  which HIOSH expects to retain the employee medical information in a personally
				  identifiable form.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-9 - Special situations concerning written access order

Current
				  through June, 2024
Written access orders need not be obtained to examine or
					 copy personally identifiable employee medical information under the following
					 circumstances:
(1) If the specific
				  written consent of an employee is obtained pursuant to section 1910.1020, and
				  HIOSH or a HIOSH employee is listed on the authorization as the designated
				  representative to receive the medical information, then a written access order
				  need not be obtained. Whenever personally identifiable employee medical
				  information is obtained through specific written consent and taken off-site, a
				  principal HIOSH investigator shall be promptly named to ensure protection of
				  the information, and the HIOSH medical records officer shall be notified of
				  this person's identity. The personally identifiable medical information
				  obtained shall be subject to the use and security requirements of sections
				  12-55-13 through 12-55-18.
(2) A
				  written access order need not be obtained where a HIOSH staff or contract
				  physician consults with an employer's physician concerning an occupational
				  safety or health issue. In a situation of this nature, the HIOSH physician may
				  conduct on-site evaluation of employee medical records in consultation with the
				  employer's physician, and may make personal notes of his or her findings. No
				  employee medical records shall be taken off-site in the absence of a written
				  access order or the specific written consent of an employee, and no notes of
				  personally identifiable employee medical information made by the HIOSH
				  physician shall leave his or her control without the permission of the HIOSH
				  medical records 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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-10 - Presentation of written access order and notice to employees

Current through June, 2024
(a) The principal HIOSH investigator, or
				  someone under the investigator's supervision, shall present at least two copies
				  each of the written access order and an accompanying cover letter to the
				  employer prior to examining or obtaining medical information subject to a
				  written access order. At least one copy of the written access order shall not
				  identify specific employees by direct personal identifier. The accompanying
				  cover letter shall summarize the requirements of this section and indicate that
				  questions or objections concerning the written access order may be directed to
				  the HIOSH principal investigator or to the HIOSH medical records
				  officer.
(b) The principal HIOSH
				  investigator shall promptly present a copy of the written access order (which
				  does not identify specific employees by direct personal identifier) and its
				  accompanying cover letter to each designated representative of the employees
				  whose medical records are subject to the written access order.
(c) The principal HIOSH investigator shall
				  indicate that the employer must promptly post a copy of the written access
				  order which does not identify specific employees by direct personal identifier,
				  as well as post its accompanying cover letter. See section 1910.1020.
(d) The principal HIOSH investigator shall
				  discuss with any collective bargaining agent and with the employer the
				  appropriateness of individual notice to employees affected by the written
				  access order. Where it is agreed that individual notice is appropriate, the
				  principal HIOSH investigator shall promptly provide to the employer an adequate
				  number of copies of the written access order (which does not identify specific
				  employees by direct personal identifier) and its accompanying cover letter to
				  enable the employer either to individually notify each employee or to place a
				  copy in each employee's medical file.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-11 - Objections concerning a written access order

Current through
				  June, 2024
All employees, or their designated representatives, and an
					 employer's written objections concerning access to records pursuant to a
					 written access order shall be transmitted to the HIOSH medical records officer.
					 Unless HIOSH decides otherwise, access to the records shall proceed without
					 delay notwithstanding the lodging of an objection. The HIOSH medical records
					 officer shall respond in writing to each employee's or their designated
					 representative's written objection to HIOSH access. Where appropriate, the
					 HIOSH medical records officer may revoke a written access order and direct that
					 any medical information obtained by it be returned to the original recordholder
					 or destroyed. The principal HIOSH investigator shall ensure that such
					 instructions by the HIOSH medical records officer are promptly
					 implemented.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-12 - Removal of direct personal identifiers

Current through June,
				  2024
Whenever employee medical information obtained pursuant to
					 a written access order is taken offsite with direct personal identifiers
					 included, the principal HIOSH investigator shall, unless otherwise authorized
					 by the HIOSH medical records officer, promptly separate all direct personal
					 identifiers from the medical information, and code the medical information and
					 the list of direct identifiers with a unique identifying number for each
					 employee. The medical information with its numerical code shall thereafter be
					 used and kept secured as though still in a directly identifiable form. The
					 principal HIOSH investigator shall also hand deliver or mail the list of direct
					 personal identifiers with their corresponding numerical codes to the HIOSH
					 medical records officer. The HIOSH medical records officer shall thereafter
					 limit the use and distribution of the list of coded identifiers to those with a
					 need to know its contents.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-13 - Internal agency use of personal identifiable employee medical information

Current through June,
				  2024
(a) The principal
				  HIOSH investigator shall in each instance of access be primarily responsible
				  for ensuring that personally identifiable employee medical information is used
				  and kept secured in accordance with this section.
(b) The principal HIOSH investigator, the
				  HIOSH medical records officer, the director, and any other authorized person
				  listed on a written access order may permit the examination or use of personal
				  identifiable employee medical information by HIOSH employees and contractors
				  who have a need for access, and appropriate qualifications, for the purpose for
				  which they are using the information. No HIOSH employee or contractor is
				  authorized to examine or otherwise use personally identifiable employee medical
				  information unless so permitted.
(c) Where a need exists, access to personally
				  identifiable employee medical information may be provided to the attorney
				  general and to HIOSH contractors who are physicians or who have contractually
				  agreed to abide by the requirements of this section, implementing HIOSH
				  directives, and HIOSH instructions.
(d) HIOSH employees and contractors are only
				  authorized to use personal identifiable employee medical information for the
				  purposes for which it was obtained, unless the specific written consent of an
				  employee is obtained as to a secondary purpose, or the procedures of sections
				  12-55-6 through 12-5512 are repeated with respect to the secondary
				  purpose.
(e) Whenever practicable,
				  the examination of personally identifiable employee medical information shall
				  be performed on-site with a minimum of medical information taken off-site in a
				  personal identifiable form.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-14 - Security procedures

Current through June,
				  2024
(a) HIOSH files
				  containing personally identifiable employee medical information shall be
				  segregated from other agency files. When not in active use, files containing
				  this information shall be kept secured in a locked cabinet or vault.
(b) The HIOSH medical records officer and the
				  principal HIOSH investigator shall each maintain a log of uses and transfers of
				  personal identifiable employee medical information and lists of coded direct
				  personal identifiers, except for necessary uses by staff under their direct
				  personal supervision.
(c) The
				  photocopying or other duplication of personally identifiable employee medical
				  information shall be kept to the minimum necessary to accomplish the purposes
				  for which the information was obtained.
(d) The protective measures established by
				  this section apply to all worksheets, duplicate copies, or other agency
				  documents containing personally identifiable employee medical
				  information.
(e) Intra-agency
				  transfers of personally identifiable employee medical information shall be by
				  hand delivery, United States mail, or equally protective means. Inter-office
				  mailing channels shall not be used.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-15 - Retention and destruction of records

Current through June,
				  2024
(a) Consistent with
				  HIOSH records disposition programs, personally identifiable employee medical
				  information and lists of coded direct personal identifiers shall be destroyed
				  or returned to the original recordholder when no longer needed for the purposes
				  for which they were obtained.
(b)
				  Personally identifiable employee medical information which is not in current
				  use but may be needed for future use shall be transferred to the HIOSH medical
				  records officer. The HIOSH medical records officer shall conduct an annual
				  review of all centrally-held information to determine which information is no
				  longer needed for the purposes for which it was obtained.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-16 - Agency analysis using personal identifiable employee medical Information

Current through June,
				  2024
The HIOSH medical records officer shall, as appropriate,
					 assure that the results of a HIOSH analysis using personally identifiable
					 employee medical information are communicated to the employees whose personal
					 medical information was used as a part of the analysis.
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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-17 - Annual report

Current through June,
				  2024
The HIOSH medical records officer shall on an annual basis
					 review HIOSH's experience under this section during the previous year, and
					 prepare a report to the director which shall be made available to the public.
					 This report shall discuss:
(1) The
				  number of written access orders approved and a summary of the purposes for
				  access;
(2) The nature and
				  disposition of employee, or their designated representative, and employer
				  written objections concerning HIOSH access to personally identifiable employee
				  medical information; and
(3) The
				  nature and disposition of requests for inter-agency transfer or public
				  disclosure of personally identifiable employee medical 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 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS › Section 12-55-18 - Inter-agency transfer and public disclosure

Current through June,
				  2024
(a) Personal
				  identifiable employee medical information shall not be transferred to another
				  agency or office outside of HIOSH (other than to the attorney general) or
				  disclosed to the public (other than to the affected employee or the original
				  recordholder) except when required by law or when approved by the
				  director.
(b) Except as provided in
				  subsection (c) below, the director shall not approve a request for an
				  inter-agency transfer of personal identifiable employee medical information,
				  for which the employees have not given their consent, unless the request is by
				  a public health agency which:
(1) Needs the
				  requested information in a personally identifiable form for a substantial
				  public health purpose;
(2) Will not
				  use the requested information to make individual determinations concerning
				  affected employees which could be to their detriment;
(3) Has regulations or established written
				  procedures providing protection for personally identifiable medical information
				  substantially equivalent to that of this chapter; and
(4) Satisfies an exemption to the Privacy Act
				  to the extent that the Privacy Act applies to the requested information. See
				  5 U.S.C.
				  552a(b); 29 CFR
				  70a.3.
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 56 - PROGRAM FEES AND LIBRARY POLICIES › Section 12-56-1 - Purpose and scope

Current through June, 2024
This chapter pertains to the assessment of fees by the
					 director for services not normally considered part of an inspection. This
					 chapter is intended to comply with section
					 396-5.1,
					 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 56 - PROGRAM FEES AND LIBRARY POLICIES › Section 12-56-2 - Safety and health professionals

Current through June,
				  2024
(a) Any individual
				  submitting an application to the director to become a certified safety and
				  health professional in accordance with section 12-50-7, shall pay an
				  application fee of $50, and upon acceptance, shall pay a certification fee of
				  $300. Any certified individual may apply for renewal of the certificate by
				  paying a fee of $100.
(b) All fees
				  shall be 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 56 - PROGRAM FEES AND LIBRARY POLICIES › Section 12-56-3 - Public notices for variances

Current through June,
				  2024
Any employer or class of employers who has been granted a
					 variance by the director pursuant to chapter
					 12-53, shall be responsible for the
					 publication cost of the variance notice for general circulation in the
					 state.
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 56 - PROGRAM FEES AND LIBRARY POLICIES › Section 12-56-4 - Explosives

Current through June, 2024
(a) Certificate of fitness.
(1) Individuals applying for a certificate of
				  fitness shall pay an examination fee of $150.
(2) The renewal fee for a certificate of
				  fitness shall be $50 and shall be paid at the time of renewal.
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 56 - PROGRAM FEES AND LIBRARY POLICIES › Section 12-56-5 - Training materials

Current through June,
				  2024
Participants of HIOSH sponsored workshops shall pay a
					 nonrefundable fee of $5 to cover the cost of the materials
					 provided.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 1 - GENERAL › Section 12-57-1 - General requirements under section 396-8(e), HRS

Current
					 through June, 2024
(a)
					 No employer or person shall discharge or in any manner discriminate against any
					 employee because the employee has:
(1) Filed
					 any complaint under or related to the law;
(2) Instituted or caused to be instituted any
					 proceeding under or related to the law;
(3) Testified or intends to testify in any
					 proceeding under or related to the law;
(4) Exercised on their own behalf or on the
					 behalf of others any right afforded by the law;
(5) Failed or refused to operate or handle
					 any machine, device, apparatus, or equipment which is in any unsafe condition;
					 or
(6) Failed or refused to engage
					 in unsafe practices in violation of the Law or of any standard, rule,
					 regulation, citation or order issued under the authority 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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 1 - GENERAL › Section 12-57-2 - Persons prohibited from discriminating

Current through June,
					 2024
The prohibition against discrimination under section
						396-8(e),
						HRS is not limited to actions taken by employers against their own employees.
						The law extends to such entities as organizations representing employees for
						collective bargaining purposes, employment agencies, or any other person in a
						position to discriminate against an employee.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 1 - GENERAL › Section 12-57-3 - Unprotected activities distinguished

Current through June,
					 2024
(a) The protected
					 activity must constitute a substantial reason for the discharge or other
					 adverse action, or
(b) The
					 discharge or other adverse action would not have taken place "but for"
					 engagement in the protected activity by the employee.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 2 - SPECIFIC PROTECTIONS › Section 12-57-4 - Complaints under or related to section 396-8(e) , HRS

Current
					 through June, 2024
A person or employer is prohibited from discharging or
						otherwise discriminating against any employee who:
(a) Makes a request for an inspection of the
					 worksite;
(b) Makes a complaint in
					 good faith to the employer relating to occupational safety and health matters;
					 or
(c) Makes a complaint relating
					 to conditions at the workplace to another federal, state, or local agency which
					 has the authority to regulate or investigate occupational safety and health
					 conditions.
For purposes of this section, an employee need not
						directly institute the proceeding in order to obtain the protection provided by
						section
						396-8(e),
						HRS. It is sufficient if the employee sets into motion activities of others
						which result in proceedings under or related to 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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 2 - SPECIFIC PROTECTIONS › Section 12-57-5 - Proceedings under or related to section 396-8(e), HRS

Current
					 through June, 2024
(a) A
					 person or employer is prohibited from discharging or otherwise discriminating
					 against any employee who institutes or caused to be instituted:
(1) Inspections and investigations of
					 worksites;
(2) An employee contest
					 of an abatement date;
(3)
					 Proceedings for promulgation of an occupational safety and health
					 standard;
(4) An application for
					 modification or revocation of a variance;
(5) An administrative or judicial challenge
					 to a standard; or
(6) An appeal of
					 an appeals board order.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 2 - SPECIFIC PROTECTIONS › Section 12-57-6 - Testimony

Current through June, 2024
(a) A person or employer is prohibited from
					 discharging or otherwise discriminating against any employee who gives or
					 intends to give:
(1) Any statement or
					 testimony in any proceeding instituted or caused to be instituted by the
					 employee under section
					 396-8(e),
					 HRS;
(2) Any statement or testimony
					 in the course of any judicial, quasi-judicial, or administrative enforcement
					 proceeding under section
					 396-8(e),
					 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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 2 - SPECIFIC PROTECTIONS › Section 12-57-7 - Exercise of any right afforded by section 396-8(e), HRS

Current
					 through June, 2024
(a) A
					 person or employer is prohibited from discharging or otherwise discriminating
					 against any employee who:
(1) Participates as
					 a party in any judicial, quasi-judicial, or administrative enforcement
					 proceeding under section
					 396-8(e),
					 HRS;
(2) Requests information from
					 HIOSH;
(3) Is interviewed by agents
					 of the director in the course of inspections or Investigations; or
(4) Asserts any right afforded by section
					 396-8(e),
					 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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 3 - PROCEDURES › Section 12-57-8 - Filing of complaint for discrimination

Current through June,
					 2024
(a) Who may file. A
					 discrimination complaint under section
					 396-8(e),
					 HRS, may be filed by the employee or by a representative authorized to do so on
					 the employee's behalf.
(b) No
					 particular form of complaint is required, but it must be an original signed by
					 the complainant and it must describe the facts and circumstances of the
					 allegations.
(c) Complaints shall
					 be filed with the director.
(d)
					 Time for filing.
(1) Complaints not filed
					 within 60 days after an alleged violation will be presumed to be
					 untimely.
(2) Circumstances which
					 would justify tolling of the 60-day period include:
(A) where the employer has concealed or
					 misled the employee regarding the grounds for discharge or other adverse
					 action,
(B) where the adverse
					 action is in the nature of a continuing violation,
(C) other strongly extenuating circumstances
					 or recognized equitable principles.
(3) The pendency of a grievance-arbitration
					 proceeding or a filing with another agency, among others, are circumstances
					 which do not justify tolling the 60-day period.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 3 - PROCEDURES › Section 12-57-9 - Notification of director's determination

Current through June,
					 2024
Within ninety (90) days of the receipt of a complaint
						filed under section
						396-8(e),
						HRS, the director will notify the complainant and the employer of the final
						determination and any subsequent action the department will take to resolve the
						complaint. The ninety (90) day period may be extended by the director for good
						cause.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 3 - PROCEDURES › Section 12-57-10 - Withdrawal of complaint

Current through June,
					 2024
Enforcement of the provisions of section
						396-8(e),
						HRS, is not only a matter of protecting rights of individual employees, but
						also of public interest. Attempts by an employee to withdraw a previously filed
						complaint will not necessarily result in the termination of the director's
						investigation. The director's jurisdiction shall not be foreclosed as a matter
						of law by the unilateral action of the employee. However, a voluntary and
						uncoerced request from a complainant to withdraw the complaint will be given
						careful consideration as a matter of policy and sound enforcement
						procedure.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 3 - PROCEDURES › Section 12-57-11 - Arbitration or other agency proceedings

Current through June,
					 2024
(a) General.
(1) An employee who files a complaint under
					 section
					 396-8(e),
					 HRS, may concurrently pursue remedies under grievance arbitration proceedings
					 provided by collective bargaining agreements. In addition, the complainant may
					 concurrently resort to other agencies for relief, such as the National Labor
					 Relations Board. Nothing in section
					 396-8(e),
					 HRS, shall preclude an employee or representative of an employee from
					 simultaneously pursuing a cause of action for injunctive relief or any other
					 remedy provided by law. The director's jurisdiction to investigate complaints
					 under section
					 396-8(e),
					 HRS, and to determine whether discrimination has occurred is independent of the
					 jurisdiction of other agencies or bodies.
(2) The director recognizes the national
					 policy favoring voluntary resolution of disputes under procedures in collective
					 bargaining agreements.
(3) Where a
					 complainant is in fact pursuing remedies other than those provided by section
					 396-8(e),
					 HRS, postponement of the director's determination and deferral to the results
					 of such proceedings may be in order.
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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES › Subchapter 4 - SPECIFIC SUBJECTS › Section 12-57-12 - Employee refusal to comply with safety rules

Current through
					 June, 2024
Employees who refuse to comply with occupational safety
						and health standards or valid safety rules implemented by the employer in
						furtherance of section
						396-8(e),
						HRS are not exercising any rights afforded by section
						396-8(e),
						HRS. Disciplinary measures taken by employers solely in response to employee
						refusal to comply with appropriate safety rules and regulations will not be
						regarded as discriminatory action prohibited by section
						396-8(e),
						HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 2 - GENERAL INDUSTRY STANDARDS › Chapter 60 - GENERAL SAFETY AND HEALTH REQUIREMENTS › Section 12-60-1 - Application

Current through June, 2024
The general provisions of these standards shall not be used
					 when there are more specific provisions in other sections of the
					 standards.