REPORT TITLE:
Occupational Safety



DESCRIPTION:
Requires department of labor and industrial relations to conduct
safety inspections for construction projects valued over
$10,000,000; appropriates funds for the department to hire 6
health compliance officers and 1 supervisor position.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1570
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO OCCUPATIONAL SAFETY.


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

 1      SECTION 1.  Section 396-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Inspection and investigation.
 
 4      (1)  Authorized representatives of the director shall have
 
 5           the right to enter without delay any place of
 
 6           employment during regular working hours and at other
 
 7           reasonable times;
 
 8      (2)  The department shall inspect places of employment and
 
 9           machines, devices, apparatus, and equipment for the
 
10           purpose of insuring adequate protection to the life,
 
11           safety and health of workers;
 
12      (3)  The department shall inspect construction activities
 
13           for the purpose of protecting the health and safety of
 
14           employees and the general public[.] and first priority
 
15           shall be given to construction projects greater than
 
16           $10,000,000.  A construction activity includes any
 
17           activity related to the erection, construction,
 
18           alteration, demolition or maintenance of buildings,
 
19           structures, bridges, highways, roadways, dams, tunnels,
 
20           sewers, underground buildings or structures,
 

 
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                                     S.B. NO.           1570
                                                        
                                                        

 
 1           underground pipelines or ducts, and any other
 
 2           construction project or facility;
 
 3      (4)  The department may investigate the cause of all
 
 4           industrial injuries resulting in disability or death
 
 5           which occur in any employment, or place of employment,
 
 6           and may make reasonable orders and recommendations with
 
 7           respect to the cause of the injuries;
 
 8      (5)  The department shall have the right to question
 
 9           privately any employer, owner, operator, agent, or
 
10           employee in investigation, enforcement, and inspection
 
11           activities;
 
12      (6)  There shall be a prohibition against advance notice of
 
13           inspection except that written exception may be
 
14           expressly authorized by the director in the director's
 
15           discretion and pursuant to the rules and regulations
 
16           promulgated under this chapter.  Those inspections
 
17           requiring advance notice for preparation or for other
 
18           purposes of inspection as further defined in the rules
 
19           and regulations promulgated under this chapter shall
 
20           not be included in the prohibition against advance
 
21           notice;
 
22      (7)  An employee of the State acting within the scope of the
 
23           employee's office, employment, or authority under this
 

 
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                                     S.B. NO.           1570
                                                        
                                                        

 
 1           chapter shall not be liable in or made a party to any
 
 2           civil action growing out of the administration or
 
 3           enforcement of this chapter."
 
 4      SECTION 2.  There is appropriated out of the general
 
 5 revenues of the State of Hawaii the sum of $     , or so much
 
 6 thereof as may be necessary for fiscal year 1999-2000, to totally
 
 7 fund the hiring of six occupational safety and health compliance
 
 8 officers, and one supervisor, as permanent staff within the
 
 9 department of labor and industrial relations for the purpose of
 
10 conducting occupational safety and health inspections.
 
11      SECTION 3.  The sum appropriated shall be expended by the
 
12 department of labor and industrial relations for the purposes of
 
13 this Act.
 
14      SECTION 4.  This Act shall take effect upon its approval,
 
15 except that section 2 shall take effect on July 1, 1999.
 
16 
 
17                              INTRODUCED BY:______________________