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 12-51-14 - Citations

Current through June, 2024
(a) The director shall review the inspection
				  report of the safety and health compliance officer. If, on the basis of the
				  report, the director believes that the employer has violated a requirement of
				  the law, of any standard, rule, or order adopted under the law, or of any
				  substantive rule published in this chapter, the director may consult with the
				  attorney general and shall issue a citation to the employer. A citation shall
				  be issued even though, after being informed of an alleged violation by the
				  safety and health compliance officer, the employer immediately corrects or
				  initiates steps to correct the alleged violation. Any citation shall be issued
				  by the department with reasonable promptness after completion of the closing
				  conference stipulated by section 12-51-7(e).
(b) Any citation shall describe with
				  particularity the nature of the alleged violation, including a reference to the
				  law, standard, rule, or order alleged to have been violated. Any citation shall
				  also fix a reasonable time for the correction of the alleged
				  violation.
(c) If a citation is
				  issued for a violation alleged in a request for inspection under section
				  12-51-11(a) or a notification of violation under section 12-51-11(c), a copy of
				  the citation shall also be sent to the employee or the designated
				  representative who made the request or notification. Also, if a
				  complaint-initiated inspection did not reveal a violation, a notice shall be
				  sent to the complainant.
(d) After
				  an inspection, if the director determines that a citation is not warranted with
				  respect to a danger or violation alleged to exist in a request for inspection
				  under section 12-51-11(a) or a notification of violation under section
				  12-51-11(c), the informal review procedures in section 12-51-12(a) shall be
				  applicable. After considering all views presented, the director shall uphold a
				  prior determination, order a reinspection, or issue a citation, if it is
				  believed that the inspection disclosed a violation.
(e) Every citation shall state that the
				  issuance of a citation does not constitute a finding that a violation of the
				  law has occurred unless there is a failure to contest or unless, if contested,
				  the citation is affirmed by the appeals board.
(f) No citation may be issued to an employer
				  because of a rescue activity undertaken by an employee of that employer with
				  respect to an individual in imminent danger unless:
(1)
(A) The
				  employee is designated or assigned by the employer to have responsibility to
				  perform or assist in rescue operations, and
(B) The employer fails to provide protection
				  of the safety and health of such employee, including failing to provide
				  appropriate training and rescue equipment; or