Chapter 396 — Chapter 396

§396-10 Violations and penalties. (a) Any employer who violates this chapter, or any occupational safety and health standard promulgated hereunder or any rule issued under the authority of this chapter, or who violates or fails to comply with any citation, notice, or order made u…

§396-11 Review. (a) Any citation, proposed penalty, or order of the director shall be final and conclusive against the employer unless the employer files with the director a written notice of contest of the citation, the abatement period stated in the citation, the proposed penal…

§396-11.5 Appeals board. (a) In any hearing conducted by the appeals board under this chapter and pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail or by electronic service through a company designated…

§396-12 Judicial review. Except where an order has already become final for failure to contest, the decision and order of the appeals board shall be final and conclusive unless the director or any party to the proceedings before the appeals board obtains a review thereof in the m…

§396-13 Trade secrets. Information obtained by the department containing or revealing a trade secret shall be held confidential and access shall be limited to authorized representatives of the director concerned with carrying out this chapter or when relevant in any proceeding un…

§396-14 Evidence. No record or determination of any administrative proceeding under this chapter or any statement or report of any kind obtained, received, or prepared in connection with the administration or enforcement of this chapter shall be admitted or used, whether as evide…

§396-17 REPEALED. L 1999, c 28, §2.

§396-19 Hoisting machine operators advisory board. (a) There is created a hoisting machine operators advisory board, which shall be placed in the department for administrative purposes, to be composed of five members to serve without compensation and without reimbursement for exp…

§396-2 Findings and purpose. Through years of research and study, Congress has found that the number of industrial accidents that take place in the United States can be reduced if certain minimum standards are established and enforced. Congress has also found that personal injuri…

§396-3 Definitions. When used in this chapter: "Aggravating character" means circumstances and behavior that increase the seriousness or outrageousness of contemptuous conduct. "Appeals board" means the Hawaii labor relations board. "Certified safety professional" means an indivi…

§396-4 Powers and duties of department. (a) Administration. The department shall be responsible for administering occupational safety and health standards throughout the State. (b) Inspection and investigation. (c) Education and training. (d) Enforcement.

§396-5 REPEALED. L 1980, c 19, §3.

§396-5.1 Fees. (a) The director may establish fees pursuant to chapter 91 to be charged for the following: (b) Fees received pursuant to subsection (a) shall be deposited into the general fund. [L 1996, c 156, §1]

§396-5.5 REPEALED. L 1980, c 19, §4.

§396-6 Employer responsibility: safe place of employment; safety devices and safeguards. (a) Every employer shall furnish to each of the employer's employees employment and a place of employment which are safe as well as free from recognized hazards. No employer shall require or …

§396-8 Employee responsibility and rights. (a) Employee compliance. Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued under this chapter which are applicable to the employee's own actions and conduct. (b) Complai…

§396-9 Explosives. (a) No person shall use, store, or deal in explosives unless the person has first obtained a certificate of fitness. A certificate of fitness shall only be issued to an individual and shall set forth the individual's competency and provide for the individual's …