The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- 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)
- Issued
- 2017-07-14 July 14, 2017
- Effective
- standing throughout 2020 Q2 to 2021 Q3; the § 396-6 duty is stated by HIOSH as the employer's 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) (read as 2021-07-25)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 25, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (every employer with employees in the State); employees (§ 396-6 companion duties in chapter)
- Character
- workplace duty
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
Every employer shall furnish to each of the employer's 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
Penalty
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))
What it required
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 'adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe,' under civil penalties of up to $7,700 per violation and $77,000 for willful or repeated violations.
Retrieval note§ 396-6(b): 'Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe.' § 396-6(c): 'no employer shall occupy or maintain any unsafe place of employment.' § 396-4(a)(2): 'Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving a statewide public notice... An emergency temporary standard may be adopted if the director determines: (A) That employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and (B) That the emergency standard is necessary to protect employees from danger... in any case shall be effective no longer than six months.' The FindLaw text current through Jan. 1, 2025 carries the same § 396-6(a) sentence, which fixes the text for the period.