Hawaii Enforcement laws & safety compliance analysis

Hawaii Enforcement : What you need to know

Comparison: State vs. Federal

Rules. Hawaii is a “state-plan” state; that is, it has a federally approved occupational safety and health regulatory program that covers private and public sector (state and local government) workplaces. Hawaii's penalties mirror federal OSHA's in many cases, and the state has adopted several stricter penalties.

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Administration and enforcement. The Hawaii Occupational Safety and Health Division (HIOSH), a division of the Department of Labor and Industrial Relations, administers and enforces workplace safety and health rules for private and public sector workplaces.

State Requirements

TABLE 1: VIOLATIONS OF SAFETY LAWS

Prohibited Act Penalties
HIOSH: Serious violation of workplace safety or health standard Civil: HRS 396-10(b): Up to $12,675 for each violation
HIOSH: Other-than-serious violation of workplace safety or health standard Civil: HRS 396-10(c): Up to $12,675 for each violation
HIOSH: Violation of posting requirements Civil: HRS 396-10(e): Up to $12,675 for each violation
HIOSH: Repeat violation of workplace safety or health standard Civil: HRS 396-10(f): Up to $126,749 for each violation
HIOSH: Willful violation of workplace safety or health standard Civil: HRS 396-10(f): At least $9,054 and up to $126,749 for each violation
HIOSH: Willful or repeat violation resulting in the death of an employee Criminal: HRS 396-10(g): Fine up to $126,749 and/or up to 6 months’ imprisonment. For a second and subsequent conviction, fine up to $126,749 and/or up to 1 year’s imprisonment.
HIOSH: Discharging or discriminating against any employee for exercising safety and health rights under HRS 396-8 Civil: HRS 396-10(h): Up to $9,054 for each violation
HIOSH: Giving advance notice of ...

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