STAND. COM. REP. NO.  272-26

 

Honolulu, Hawaii

                , 2026

 

RE:   H.B. No. 2324

      H.D. 1

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Madame:

 

     Your Committee on Labor, to which was referred H.B. No. 2324 entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII OCCUPATIONAL SAFETY AND HEALTH LAW,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Repeal the Hoisting Machine Operators Advisory Board and its rules regarding requiring a separate state crane operator certificate; and

 

     (2)  Allow 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.

 

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations.

 

     Your Committee finds that the separate Hawaii crane operator certification established by the Hoisting Machine Operators Advisory Board is no longer necessary because the national certification standards adopted by the United States Department of Labor already ensure operator competence and workplace safety.  Your Committee further finds that the existing ninety-day period for notifying employees of whistleblower determinations does not always provide the Department of Labor and Industrial Relations sufficient time to complete investigations, which can create uncertainty for employees and employers.  This measure seeks to modernize and streamline worker-protection laws by removing outdated state certification requirements and establishing a clearer, more practical timeline that allows thorough whistleblower investigations, while providing greater predictability for employees and employers.

 

     Your Committee has amended this measure by:

 

     (1)  Repealing language that required the Department of Labor and Industrial Relations to regulate hoisting machines and certify their operators;

 

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2324, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2324, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

 

 

Respectfully submitted on behalf of the members of the Committee on Labor,

 

 

 

 

____________________________

JACKSON D. SAYAMA, Chair