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 has not yet updated its civil penalty amounts to correspond with federal OSHA’s August 2016 penalty increases.

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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 $7,700 for each violation
HIOSH: Other-than-serious violation of workplace safety or health standard Civil: HRS 396-10(c): Up to $7,700 for each violation
HIOSH: Violation of posting requirements Civil: HRS 396-10(e): Up to $7,700 for each violation
HIOSH: Willful or repeat violation of workplace safety or health standard Civil: HRS 396-10(f): At least $5,500 and up to $77,000 for each violation
HIOSH: Willful or repeat violation resulting in the death of an employee Criminal: HRS 396-10(g): Fine up to $77,000 or imprisonment for up to 6 months, or both. For a second and subsequent conviction, fine up to $77,000 or imprisonment for up to 1 year, or both.
HIOSH: Discharging or discriminating against any employee for exercising safety and health rights under HRS 396-8 Civil: HRS 396-10(h): Up to $1,100 for each violation
HIOSH: Giving advance notice of an inspection Criminal: HRS 396-10(i): Fine up to $1,100 or imprisonment for up to 6 months, ...

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