STAND. COM. REP. NO. 2318

Honolulu, Hawaii

RE: S.B. No. 3144

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred S.B. No. 3144 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Repeal the Hoisting Machine Operators Advisory Board and its rules 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 existing state certification requirement of the Hoisting Machine Advisory Board duplicates the Occupational Safety and Health Administration's national crane operator certification requirements under 29 C.F.R. section 1926.1427, and adds paperwork, fees, and administrative delays without providing additional safety benefits. Repealing this requirement from state law will streamline governance and eliminate redundant regulation. Your Committee additionally finds that allowing the Director of Labor and Industrial Relations additional time to complete complex investigations of whistleblower complaints involving workplace safety rights will align state law with federal standards and provide clearer expectations for employees and employers. Therefore, this measure modernizes the Hawaii Occupational Safety and Health Law, reduces unnecessary administrative burdens, and preserves workplace safety protections.

Your Committee has amended this measure by:

(1) Inserting an effective date of January 1, 2077, to encourage further discussion; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3144, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3144, S.D. 1, and be referred to your Committee on Judiciary.

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

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BRANDON J.C. ELEFANTE, Chair