{"id":"DUT-HI-005","kind":"duty","level":"state","jurisdiction":"Hawaii","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of the State of Hawaii (codified as HRS chapter 396, Hawaii Occupational Safety and Health Law; State OSHA plan administered by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH))","authority":"Haw. Const. art. III; Occupational Safety and Health Act of 1970 § 18, 29 U.S.C. § 667 (approved State plan); HRS § 396-4 (powers and duties of the department, including emergency temporary standards)","instrument":"Hawaii Revised Statutes chapter 396 (Occupational Safety and Health), in particular §§ 396-4(a)(2), 396-6 and 396-10","title":"Employer responsibility: safe place of employment; safety devices and safeguards; violations and penalties","dateIssued":"2017-07-14","effective":"standing throughout 2020 Q2 to 2021 Q3; the § 396-6 duty is stated by HIOSH as the employer\u0027s baseline obligation (Ex. DUT-HI-019) and § 396-4(a)(2) is the authority HIOSH invoked to adopt the COVID-19 Healthcare ETS on July 25, 2021 (Ex. DUT-HI-007)","end":"standing","startDate":"2021-07-25","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (every employer with employees in the State); employees (§ 396-6 companion duties in chapter)"],"clause":"Every employer shall furnish to each of the employer\u0027s employees employment and a place of employment which are safe as well as free from recognized hazards. No employer shall require or direct or permit or suffer any employee to go or be in any employment or place of employment which is not free from recognized hazards that are causing or likely to cause death or serious physical harm","enforcement":"civil penalty of not more than $7,700 for each serious violation (§ 396-10(b)); up to $7,700 for other-than-serious violations (§ 396-10(c)); $5,500 to $77,000 for each willful or repeated violation (§ 396-10(f)); each day a violation continues is a separate violation (§ 396-10(d)); criminal fine and imprisonment for willful violations causing death (§ 396-10(g))","functions":[],"notes":"Every employer in Hawaii was bound to furnish a place of employment free from recognized hazards, to refrain from permitting any employee to be in a workplace not free from hazards likely to cause death or serious physical harm, and to \u0027adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe,\u0027 under civil penalties of up to $7,700 per violation and $77,000 for willful or repeated violations.","sourceUrl":"https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF\u0027s/HRS_0396.pdf","snapshot":"","fileExists":true,"fileBytes":49225,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-HI","url":"/library/DUT-HI-005","exhibitUrl":"/exhibit/DUT-HI-005","citation":"Legislature of the State of Hawaii (codified as HRS chapter 396, Hawaii Occupational Safety and Health Law; State OSHA plan administered by the Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)), Hawaii Revised Statutes chapter 396 (Occupational Safety and Health), in particular §§ 396-4(a)(2), 396-6 and 396-10 (standing) (Ex. DUT-HI-005)","stateName":"Hawaii","related":["DUT-HI-019","DUT-HI-007","DUT-HI-006"]}