Hawaii has adopted the federal workplace recordkeeping requirements for illness and injury reports (HAR 12-50-9) and employee medical records (HAR 12-202-3.1) by reference.
The employer must keep illness and injury records (OSHA Forms 300, 300A, and 301) for five years (29 CFR 1904.29). Employers in certain low-hazard industry groups are exempt from the federal illness and injury recordkeeping requirements, including most retail establishments and finance, insurance, real estate, and service firms (29 CFR 1904.2). Contact the nearest OSHA regional office to determine if your firm is exempt.
Employers must report any accident resulting in one or more fatalities or the hospitalization of three or more employees to the nearest OSHA office within eight hours of either the occurrence or the time it became known to any agent of the employer (29 CFR 1904.39).
Periodic medical tests must be performed to monitor the health effects of potentially toxic or carcinogenic workplace substances. Records must contain extensive medical surveillance information, exposure reduction efforts, and monitoring data. Employers must provide exposure records, such as those that show the measuring or monitoring of the employee's exposure to a toxic substance or harmful physical agent, to affected employees or designated employee representatives on written request. Medical records for each employee must be maintained for 30 years after the affected employee terminates employment (29 CFR 1910.1020).
All illness and injury and medical records must be made available to employees and regulatory authorities on request.