Title 21, Labor And Industrial Relations

[§396-16] Exception for federal jurisdiction. Nothing in this chapter shall apply to working conditions of employees with respect to which any federal agency exercises statutory authority to prescribe and enforce standards or regulations affecting occupational safety or health. […

[§396-18] Safety and health programs for contractors bidding on state construction jobs. (a) All bids and proposals in excess of $100,000 for state construction jobs as defined in section 103D-104 shall include a signed certification from the bidder or offerer that a written safe…

§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.

[§396-4.5] Certification of safety and health professionals. (a) Only individuals receiving certification from the department as safety and health professionals shall be qualified to certify that an employer: (b) Certification as a safety and health professional shall be: (c) Cer…

§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]

§396-6 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 …

[§396-7] Toxic materials. (a) The department shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured as prescribed under the rules and r…

§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 …

[§397-1] Short title. This chapter shall be known as the "Boiler and Elevator Safety Law". [L 1980, c 19, pt of §1]

§397-10 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 …

[§397-11] 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 …

§397-13 Boiler and elevator revolving fund; establishment; purpose. (a) There is established in the state treasury the boiler and elevator revolving fund, into which shall be deposited all fees collected pursuant to section 397-5 and any appropriation from the legislature. All in…

§397-2 Findings and purpose. The legislature finds that the Hawaii occupational safety and health law does not adequately provide for the safe operation and use of pressure retaining items, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure…

§397-3 Definitions. As used in this chapter: "Amusement ride" means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement. "Appeals board" means the labor and industrial relations appeals board establ…

§397-4 Powers and duties. (a) Administration. (b) Inspection and investigation. (c) Education and training. (d) Enforcement.

§397-5 Fees. (a) By rules adopted pursuant to chapter 91, the director shall prescribe reasonable fees to be charged for inspection, examination, and other services rendered, and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any …

§397-6 Safety inspection by qualified inspectors. (a) All safety inspections required under this chapter of pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors; provided that the director may …

[§397-7] Complaints to the department. (a) Complaints may be made to the department and where reasonable grounds exist for the department to believe there may be a hazard, there shall be an inspection in response to the complaint. (b) Names of all complainants and witnesses shall…

§397-8 Violations and penalties. (a) The director shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the owner, user, contracto…

[§397-9] Review and appeal. Any order of the director shall be final and conclusive against the owner, user, vendor, or contractor unless the owner, user, vendor, or contractor files with the director a written notice of contest of the order, the abatement period stated in the or…

PART I. GENERAL PROVISIONS §398-1 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. "Department" means the departme…

[§398-1.5] Posting of notices. Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit…

[§398-10] Applicability. (a) Section 398-3 shall set a minimum standard that is not intended to replace family leave policies that exist as of the effective date of this Act and that provide for equal or greater employment benefits than those benefits afforded under this chapter.…

[§398-11] Rules. Subject to chapter 91, the director may adopt rules necessary for the enforcement and administration of this chapter. The rules shall have the force and effect of law. [L 1993, c 152, §1]

[§398-2] Inapplicability. The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees. [L 1991, c 328, pt of §1]

[PART II.] ENFORCEMENT [§398-21] Filing of complaint. (a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing. (b) The attorney general or the department, in like manner, may file a complaint on behalf of…

[§398-22] Predetermination settlement. At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement. [L 1995, c 154, pt of §3]

[§398-23] Investigation and conciliation. (a) The department may investigate and conciliate any complaint filed under this chapter. (b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this cha…

[§398-24] Appeal and hearing. (a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director. (b) The hearings officer shall schedule a contested case hearing that shall be heard in accordan…

[§398-25] Civil action. (a) If an employer fails or neglects to comply with the: the department or the affected employee may apply to any court of competent jurisdiction to enforce the provisions of the final order or decision and for any other appropriate relief. In any proceedi…

[§398-26] Remedies. (a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate. (…

[§398-27] Notice of right to sue and employee remedies. (a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil ac…

[§398-28] Compliance review. The department may investigate whether the terms of an agreement, settlement, order, or decision are being complied with by the employer. If the employer is not in compliance, the department shall take appropriate action as provided under this chapter…

[§398-29] Penalty. Any employer who intentionally resists, prevents, impedes, or interferes with the department in the performance of duties pursuant to this chapter, or who in any manner intentionally violates this chapter, shall be guilty of a petty misdemeanor. [L 1995, c 154,…

§398-3 Family leave requirement. (a) An employee shall be entitled to a total of four weeks of family leave during any calendar year: (b) During each calendar year, the leave may be taken intermittently. (c) Leave shall not be cumulative. (d) If unpaid leave under this chapter co…

§398-4 Unpaid leave permitted; relationship to paid leave; sick leave. (a) Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer…

§398-5 Notice. In any case in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expect…

§398-6 Certification. (a) An employer may require that a claim for family leave be supported by written certification. (b) For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the emp…

[§398-7] Employment and benefits protection. (a) Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employm…

[§398-8] Prohibited acts. (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter. (b) It shall be unlawful for any employer to discharge or in any other manner discriminate a…

§398-9 Administration. (a) The director shall have jurisdiction over those prohibited acts made unlawful by this chapter. (b) The department shall assist employers in the placement of temporary help to perform the work of those employees on family leave. (c) The director also may…

[§398-9.5] Family leave data collection system; establishment. (a) There is established a family leave data collection system to: (b) The department shall work with the University of Hawaii center on aging to create a web-based data system with the following capabilities: (c) The…