{"id":"DUT-HI-010","kind":"duty","level":"state","jurisdiction":"Hawaii","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH)","authority":"HRS chapter 396; OSHA enforcement memorandum of Apr. 16, 2020 (Discretion in Enforcement when Considering an Employer\u0027s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic), adopted","instrument":"HIOSH News notice of Apr. 20, 2020: HIOSH to follow OSHA\u0027s Apr. 16, 2020 enforcement memorandum on good-faith efforts (with the memorandum reproduced)","title":"HIOSH to follow OSHA\u0027s 4/16/20 Discretion in Enforcement when Considering an Employer\u0027s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic","dateIssued":"2020-04-20","effective":"2020-04-20","end":"the federal memorandum was time-limited to the public health crisis; OSHA replaced it in 2021","startDate":"2020-04-20","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["EMP"],"addressees":["employers (all employers subject to HIOSH standards)"],"clause":"HIOSH to follow OSHA\u0027s 4/16/20 enforcement memo on Discretion in Enforcement when Considering an Employer\u0027s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic, effective 4/20/2020.","enforcement":"citations and civil penalties under HRS § 396-10 where no good-faith effort is shown","functions":[],"notes":"HIOSH announced that it would apply OSHA\u0027s enforcement policy under which an employer\u0027s good-faith efforts to comply with standards during the pandemic (exploring compliance options, interim protective measures, rescheduling) are weighed in citation decisions, and an employer that made no effort remains subject to citation; the notice is HIOSH\u0027s statement that the standards continued to bind employers during the pandemic and that enforcement continued.","sourceUrl":"https://labor.hawaii.gov/hiosh/hiosh-news/4-20-20-hiosh-to-follow-oshas-4-16-20-discretion-in-enforcement-when-considering-an-employers-good-faith-efforts-during-the-coronavirus-disease-2019-covid-19-pandemic/","snapshot":"http://web.archive.org/web/20200513015826/http://labor.hawaii.gov/hiosh/hiosh-news/4-20-20-hiosh-to-follow-oshas-4-16-20-discretion-in-enforcement-when-considering-an-employers-good-faith-efforts-during-the-coronavirus-disease-2019-covid-19-pandemic/","fileExists":true,"fileBytes":197483,"grade":"primary","character":"guidance_incorporated","description":"","collection":"DUT-HI","url":"/library/DUT-HI-010","exhibitUrl":"/exhibit/DUT-HI-010","citation":"Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH), HIOSH News notice of Apr. 20, 2020: HIOSH to follow OSHA\u0027s Apr. 16, 2020 enforcement memorandum on good-faith efforts (with the memorandum reproduced) (Ex. DUT-HI-010)","stateName":"Hawaii","related":[]}