HOUSE OF REPRESENTATIVES	H.B. NO.	2324
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

rELATING TO THE HAWAII OCCUPATIONAL SAFETY AND HEALTH LAW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 396-3, Hawaii Revised Statutes, is amended by repealing the definitions of "hoisting machine" and "hoisting machine operator".

[""Hoisting machine" means a machine with a hoist line, sling, or hydraulic lifting mechanism used in construction, demolition, or excavation work.

"Hoisting machine operator" means any individual who operates a hoisting machine in the State."]

SECTION 2. Section 396-8, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Discharge or discrimination against employees for exercising any right under this chapter is prohibited. In consideration of this prohibition:

(1) No person shall discharge, suspend or otherwise discriminate in terms and conditions of employment against any employee by reason of:

(A) The employee's failure or refusal to operate or handle any machine, device, apparatus, or equipment which is in any unsafe condition; or

(B) The employee's failure or refusal to engage in unsafe practices in violation of this chapter or of any standard, rule, regulation, citation or order issued under the authority of this chapter;

(2) Upon discretion of the director or request, names of complainants may be withheld from the employer;

(3) No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or intends to testify in any such proceeding, or acting to exercise or exercised on behalf of the employee or others any right afforded by this chapter;

(4) Any employee who believes that there has been a discharge or discrimination against the employee by any person in violation of this subsection may, within sixty days after the violation occurs, file a complaint with the director alleging unlawful discharge or discrimination and setting forth the circumstances thereof;

(5) Upon receipt of the complaint, the director shall investigate to determine if a discharge or discrimination in violation of this subsection has occurred;

(6) If upon investigation the director determines that the provisions of this subsection have been violated, the director shall order the employer to provide all appropriate relief to the employee, including rehiring or reinstating the employee to the former position with back pay and restoration of seniority;

(7) Within ninety days of receipt of a complaint filed under this subsection, [unless extended by the director,] the director shall notify the employee of the final determination and any subsequent action the department will take to resolve the complaint[;] unless the investigation cannot be completed within that period, in which case up to ninety additional days are allowed without notice. Any further extension may be granted by the director with notice to the employee of the additional time required and the expected date of the final detemination; and

(8) Nothing in this subsection shall preclude any employee or representative of an employee from simultaneously pursuing a cause of action for injunctive relief or any other remedy provided by law."

SECTION 3. Section 396-19, Hawaii Revised Statutes, is repealed.

["§396-19 Hoisting machine operators advisory board. (a) There is created a hoisting machine operators advisory board, which shall be placed in the department for administrative purposes, to be composed of five members to serve without compensation and without reimbursement for expenses. Members shall be appointed by the governor under section 26-34.

The board shall adopt rules pursuant to chapter 91 for the certification of hoisting machine operators.

(b) The hoisting machine operators advisory board may employ a 0.5 full-time equivalent office assistant, without regard to chapters 76 and 89 and may dismiss such person as it finds necessary for the performance of its function and duties. The board shall have the authority to fix the office assistant's compensation."]

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Department of Labor and Industrial Relations; Occupational Safety and Health Administration; Complaints; Determinations; Hoisting Machine Operators Advisory Board

Description:

Repeals the Hoisting Machine Operators Advisory Board and its rules requiring a separate state crane operator certificate and allows additional time for the Director of Labor and Industrial Relations to complete an investigation of a discharge or discrimination complaint pertaining to employees exercising rights under the Occupational Safety and Health Law without formal extension.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.