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 12-50-2 - Definitions

Current through June, 2024
As used in parts 1 to 8, chapters
					 50 through
					 208:
"Accessory structure" means a structure not greater than
					 3,000 square feet (279m2) in floor area, and not
					 over two stories in height, the use of which is customarily accessory to and
					 incidental to that of the dwelling(s) and which is located on the same
					 lot.
"Administrator" means the administrator, division of
					 occupational safety and health, department of labor and industrial relations,
					 State of Hawaii.
"Affected employee" means an employee affected by the grant
					 or denial of a variance, and includes any one of the employee's designated
					 representatives.
"Appeals board" means the Hawaii labor relations board,
					 department of labor and industrial relations.
"Assistant secretary" means, for title 12, subtitle 8,
					 parts 1 to 8, the director of the department of labor and industrial relations
					 or the director's designee.
"Attorney general" means the attorney general of the State
					 of Hawaii.
"Authorized person" means a person approved or assigned by
					 the employer to perform a specific type of duty or to be at a specific location
					 at the jobsite.
"Citation" means any order of the department of labor and
					 industrial relations to correct a violation of the law, of any standard, rule,
					 or order promulgated pursuant to the law, or of any substantive rule published
					 in this part.
"Competent person" means one who is capable of identifying
					 existing or predicting development of hazards in the surroundings or working
					 conditions which are unhealthy, or dangerous to employees, and who has
					 authorization to take prompt corrective measures to eliminate the
					 hazards.
"Compulsory process" means the institution of any action,
					 including ex parte application for an inspection warrant or its
					 equivalent.
"Construction" or "construction work" means work for
					 construction, alteration, demolition, or repair including painting and
					 decorating, erection of new electric transmission and distribution lines and
					 equipment, and the alteration, conversion, and improvement of the existing
					 transmission and distribution lines and equipment.
"Department" or "DLIR" means the department of labor and
					 industrial relations, State of Hawaii.
"Designated representative" means any individual or
					 organization to whom an employee gives written authorization to exercise that
					 employee's rights under parts 1, 2, 3, and 8. A recognized or certified
					 collective bargaining agent shall be treated automatically as a designated
					 representative without regard to written employee authorization.
"Director" means the director of the department of labor
					 and industrial relations or the director's designee.
"Division" means the occupational safety and health
					 division, department of labor and industrial relations, State of Hawaii.
"Dwelling" means any building that contains one or two
					 dwelling units used, intended, or designed to be built, used, rented, leased,
					 let or hired out to be occupied, or that are occupied for living
					 purposes.
"Dwelling unit" means a single unit providing complete
					 independent living facilities for one or more persons, including permanent
					 provisions for living, sleeping, eating, cooking, and sanitation.
"Employee" means every natural person who is required,
					 directed, permitted, or suffered by any employer to engage in any employment,
					 to go to work, or be at any time in any place of employment. The term can mean
					 a former employee in the case of potential exposures to toxic materials or
					 harmful physical agents.
"Employee of the State" means officers and employees of the
					 department of labor and industrial relations, and persons acting in behalf of
					 the department in an official capacity, whether temporarily or with or without
					 compensation.
"Employer" means the State and every state agency; each
					 county and all public and quasi-public corporations and public agencies; every
					 person that has any natural person in service; the legal representative of any
					 deceased employer; or every person having direction, management, control, or
					 custody of any employment, place of employment, or any employee. Where
					 potential exposures to toxic materials or harmful physical agents are, may have
					 been present or are likely to be present in the future, the term applies to
					 current employers, former employers, or successor employers.
"Employment" means the carrying on of any trade, business,
					 occupation, or work, including all excavation, demolition, and construction
					 work, or any process or operation in any way related thereto, in which any
					 person is engaged to work for hire except domestic service in or about a
					 private home.
"Establishment" means a single physical location where
					 business is conducted or where services of industrial operations are performed;
					 for example, a factory, mill, store, hotel, restaurant, movie theatre, farm,
					 ranch, bank, sales office, warehouse, or central administrative office.
"First aid" means any one-time treatment, and any follow-up
					 visit for the purpose of observation, of minor scratches, cuts, burns,
					 splinters, and so forth, which do not ordinarily require medical care; one-time
					 treatment and a follow-up visit for the purpose of observation are considered
					 first aid even though provided by a physician or registered professional
					 personnel.
"Gravity of violation" means the basis for calculating the
					 basic penalty for violations. The assessments are made on the severity of the
					 injury or illness which could result from the alleged violation and the
					 probability that an injury or illness could occur because of the alleged
					 violation.
"Hawaii Revised Statutes" or "HRS" means laws enacted by
					 the Hawaii State legislature.
"HIOSH" means the occupational safety and health division,
					 department of labor and industrial relations, State of Hawaii.
"Infeasible" means that it is impossible to perform the
					 work using all available means and methods or that it is technologically
					 impossible to use safety equipment or safe practices.
"Inspection" means any inspection of an employer's factory,
					 plant, establishment, construction site, or other area, workplace, or
					 environment where work is performed by an employee of an employer; this
					 includes any inspection conducted pursuant to a complaint filed under section
					 12-51-11(a) and
					 (c), any reinspection, follow-up inspection,
					 accident investigation, or other inspection conducted under the law.
"Law" means chapter
					 396, HRS, the Hawaii Occupational
					 Safety and Health Law.
"Lost time case" means a nonfatal traumatic injury that
					 causes any loss of time from work beyond the day or shift it occurred, or a
					 nonfatal non-traumatic illness or disease that causes disability at any
					 time.
"Lost workdays" means number of days (consecutive or not)
					 after, but not including, the day of injury or illness during which the
					 employee would have worked but could not do so; that is, could not perform all
					 or any part of the normal assignment during all or any part of the workday or
					 shift, because of the occupational injury or illness.
"Medical treatment" means treatment administered by a
					 physician or by registered professional personnel under the standing orders of
					 a physician but does not include first aid treatment even though provided by a
					 physician or registered professional personnel.
"Nationally recognized testing laboratories" means those
					 laboratories listed by the U.S. Department of Labor, Occupational Safety and
					 Health Administration.
"Occupational Safety and Health standard" means a standard
					 which requires conditions, or the adoption or use of one or more practices,
					 means, methods, operations, or processes, reasonably necessary or appropriate
					 to provide safe or healthful employment and places of employment.
"Order" means a command to perform a mandatory act issued
					 by the department.
"OSHA" means, for title 12, subtitle 8, Hawaii occupational
					 safety and health division, department of labor and industrial relations, State
					 of Hawaii.
"OSHA's designee" means, for title 12, subtitle 8, the
					 director of the department of labor and industrial relations or the director's
					 designee.
"Party" means a person admitted to participate in a hearing
					 conducted in accordance with subchapter
					 3 of chapter
					 12-53; an applicant for relief and any
					 affected employee is entitled to be named parties; the department, represented
					 by the attorney general, is a party without the necessity of being
					 named.
"Person" means an individual, partnership, association,
					 corporation, business trust, legal representative, an organized group of
					 individuals, or an agency, authority, or instrumentality of the State or its
					 political subdivisions.
"Personally identifiable employee medical information"
					 means employee medical information accompanied by either direct identifiers
					 (name, address, social security number, payroll number, etc.) or by information
					 which could reasonably be used in the particular circumstances indirectly to
					 identify specific employees, e.g., exact age, height, weight, race, sex, date
					 of initial employment, job title, etc.
"Place of employment" means any place, and the premises
					 appurtenant thereto, where employment is carried on.
"Qualified" means one who, by possession of a recognized
					 degree, certificate, or professional standing, or who by extensive knowledge,
					 training, and experience, has successfully demonstrated the ability to solve or
					 resolve problems relating to the subject matter, the work, or the
					 project.
"Recordable occupational injuries or illnesses" means any
					 occupational injuries or illnesses which result in:
(1) Fatalities, regardless of the time between the injury
					 and death, or the length of the illness;
(2) Lost workday cases, other than fatalities, that result
					 in lost workdays; or
(3) Nonfatal cases without lost workdays which result in
					 transfer to another job or termination of employment, medical treatment (other
					 than first aid), loss of consciousness, or restriction of work or motion which
					 includes any diagnosed occupational illnesses reported to the employer but are
					 not classified as fatalities or lost workday cases.
"Residential construction" means construction work on
					 detached one- and two-family dwellings and townhouses not more than three
					 stories above grade plane in height with a separate means of egress and their
					 accessory structures.
"Rule" means each section in the State of Hawaii
					 Occupational Safety and Health rules and standards, adopted under chapter
					 396, HRS, and includes any "rule" and
					 "occupational safety and health standard".
"Safe and safety" as applied to an employment or place of
					 employment means such freedom from danger to employees as the nature of the
					 employment reasonably permits.
"Safety and health compliance officers" means occupational
					 safety and health officers and environmental health specialists assigned within
					 the department to inspection and enforcement duties.
"Safety device" and 'safeguard" means any practicable
					 method of mitigating or preventing a specific danger.
"Severity assessment" means an assessment assigned to a
					 hazard to be cited according to the serious injury or illness that could
					 reasonably be expected to result from an employee's exposure as follows:
(1) High severity - death from injury or illness; injuries
					 involving permanent disability; or chronic, irreversible illnesses;
(2) Medium severity - injuries or temporary reversible
					 illnesses resulting in hospitalization or a variable but limited period of
					 disability;
(3) Low severity - injuries or temporary, reversible
					 illnesses not resulting in hospitalization and requiring only minor supportive
					 treatment; and
(4) Minimal severity - conditions which have a direct and
					 immediate relationship to the safety and health of employees, the injury or
					 illness most likely to result would probably not cause death or serious
					 physical harm.
"Shall" means mandatory.
"Substantial" means constructed of such strength, material,
					 design, and workmanship that the object referred to will withstand all normal
					 wear, shock, and usage.
"Townhouse" means a single-family dwelling unit constructed
					 in a group of three or more attached units in which each unit extends from
					 foundation to roof and with a yard or public way on at least two sides.