HB2324 HD1

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 396-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Administration. The department shall be responsible for administering occupational safety and health standards throughout the State.

(1) The department shall prescribe and enforce rules under chapter 91 as may be necessary for carrying out the purposes and provisions of this chapter. The department shall make reports to the Secretary of Labor in the form and containing the information that the Secretary from time to time shall require pursuant to federal law;

(2) The department shall adopt, amend, or repeal occupational safety and health standards in the manner prescribed by rules adopted hereunder. Emergency temporary standards may be adopted without conforming to chapter 91 and without hearings to take immediate effect upon giving a statewide public notice of the emergency temporary standard or upon any other date that may be specified in the 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.

The emergency temporary standard shall be effective until superseded by a standard adopted in accordance with the procedures set forth in chapter 91, but in any case shall be effective no longer than six months;

(3) Variances from occupational safety and health standards adopted under this chapter may be granted upon application of an employer or employers. Application for variances [~~must~~] shall correspond to procedures set forth in the rules of this chapter. The director may issue an order for variance if the director determines that the proponent of the variance has demonstrated that the conditions, practices, means, methods, operations, or processes used or proposed to be used by the employer will provide employment and places of employment to the employer's employees [~~which~~] that are as safe and healthful as those [~~which~~] that would prevail if the employer complied with the standard. The employer shall also notify the employer's employees upon each application for variance and the employees shall be given an opportunity to request and participate in hearings or other proceedings relating to applications for variance. No inference of admission of violation of a standard shall be made against the employer by reason of the employer's application for variance; and

(4) The department, upon the application of any employer or other person affected thereby, may grant any time that may reasonably be necessary for compliance with any order. Any person affected by an order may petition the department for an extension of time, which may be granted if the department finds it necessary[~~; and~~

~~(5)~~ ~~The department shall regulate hoisting machines and shall certify their operators~~]."

SECTION 3. 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 shall be 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 determination; 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 4. 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2324
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII