Chapter 396

Occupational Safety and Health

CHAPTER 396

OCCUPATIONAL SAFETY AND HEALTH

Section

396-1 Short title

396-2 Findings and purpose

396-3 Definitions

396-4 Powers and duties of department

396-4.5 Certification of safety and health professionals

396-5 Repealed

396-5.1 Fees

396-5.5 Repealed

396-6 Employer responsibility: safe place of employment;

safety devices and safeguards

396-7 Toxic materials

396-8 Employee responsibility and rights

396-9 Explosives

396-10 Violations and penalties

396-11 Review

396-11.5 Appeals board

396-12 Judicial review

396-13 Trade secrets

396-14 Evidence

396-15 Exception to liability

396-16 Exception for federal jurisdiction

396-17 Repealed

396-18 Safety and health programs for contractors bidding

on state construction jobs

396-19 Hoisting machine operators advisory board

396-20 Hoisting machine operators’ certification revolving

fund

Note

Hoisting machine operators advisory board; report to 2017 legislature on state law and federal Occupational Safety and Health Administration rules and regulations pertaining to hoisting machine operators; certification of hoisting machine operators. L 2016, c 74, §3.

Cross References

Fireworks control law, see chapter 132D.

Case Notes

Company was properly served with, and received, safety violation citation, and mailing the citation to local company representative’s residence did not violate company’s due process rights where representative was served with the citation by certified mail delivered with return receipt in compliance with Hawaii administrative rule §12-51-15(a), and the mailing was to the “employer” who, under rule §12-50-2, included the representative, who had control over company’s employees and was in charge of company’s business within the State. 120 H. 135 (App.), 202 P.3d 596 (2009).

Discussed: 87 H. 71, 951 P.2d 934 (1998).