REPORT TITLE:
Occup Safety


DESCRIPTION:
Eliminates the Hawaii Occupational Safety and Health law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2275
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO OCCUPATIONAL SAFETY AND HEALTH.



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

 1      SECTION 1.  The purpose of this Act is to repeal the Hawaii
 
 2 occupational safety and health law in order to cede jurisdiction
 
 3 over occupational safety and health to the federal occupational
 
 4 safety and health administration.
 
 5      SECTION 2.  Section 132-8.5, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (d) to read as follows:
 
 7      "(d)  Each county fire chief [shall], after consultation
 
 8 with the [director of labor and industrial relations as
 
 9 administrator of the Hawaii Occupational Safety and Health Law
 
10 under chapter 396, promulgate] federal administrator of the
 
11 federal Occupational Safety and Health Act of 1970, as amended,
 
12 shall adopt rules in conformity with chapter 91 necessary for the
 
13 purposes of this section as it applies to all elevators
 
14 contracted for, before July 1, 1974."
 
15      SECTION 3.  Section 132D-2, Hawaii Revised Statutes, is
 
16 amended by amending the definition of "fireworks" to read as
 
17 follows:
 
18      ""Fireworks" means any combustible or explosive composition,
 
19 or any substance or combination of substances, or article
 

 
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 1 prepared for the purpose of producing a visible or audible effect
 
 2 by combustion, explosion, deflagration or detonation and
 
 3 classified as common or special fireworks by the United States
 
 4 Bureau of Explosives or contained in the regulations of the
 
 5 United States Department of Transportation and designated as UN
 
 6 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
 
 7 include automotive safety flares, nor shall the term be construed
 
 8 to include toy pistols, toy cannons, toy guns, party poppers,
 
 9 pop-its or other devices which contain twenty-five hundredths of
 
10 a grain or less of explosives substance.  The term "fireworks"
 
11 also shall not include any explosives and pyrotechnics regulated
 
12 [under chapter 396.] by the federal government under the federal
 
13 Occupational Safety and Health Act of 1970, as amended."
 
14      SECTION 4.  Section 386-82, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§386-82  Claim for compensation; limitation of time.  The
 
17 right to compensation under this chapter shall be barred unless a
 
18 written claim therefor is made to the director of labor and
 
19 industrial relations (1) within two years after the date at which
 
20 the effects of the injury for which the employee is entitled to
 
21 compensation have become manifest, and (2) within five years
 
22 after the date of the accident or occurrence which caused the
 
23 injury.
 

 
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 1      The foregoing limitations of time shall not apply to a claim
 
 2 for injury caused by compressed air or due to occupational
 
 3 exposure to, or contact with, arsenic, asbestos, benzol,
 
 4 beryllium, zirconium, cadmium, chrome, lead, fluorine, or other
 
 5 mineral or substance with carcinogenic properties, as
 
 6 [incorporated in the Hawaii Occupational Safety and Health
 
 7 Standards,] may be incorporated under the federal Occupational
 
 8 Safety and Health Act of 1970, as amended, or to exposure to
 
 9 X-rays, radium, ionizing radiation, or radioactive substances,
 
10 but such claim shall be barred unless it is made to the director,
 
11 in writing, within two years after knowledge that the injury was
 
12 proximately caused by, or resulted from the nature of, the
 
13 employment.  The claim may be made by the injured employee or the
 
14 employee's dependents or by some other person on the employee's
 
15 or their behalf.  The claim shall state in ordinary language the
 
16 time, place, nature, and cause of the injury."
 
17      SECTION 5.  Section 397-2, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§397-2[]]  Findings and purpose.  The legislature finds
 
20 that [the Hawaii occupational safety and health] present law does
 
21 not adequately provide for the safe operation and use of boilers,
 
22 pressure systems, amusement rides, and elevators and kindred
 
23 equipment.  The purpose of this law is to assure the safe
 

 
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 1 operation and use of such apparatus in Hawaii."
 
 2      SECTION 6.  Section 431:14-103, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (c) to read as follows:
 
 4      "(c)  Upon the issuance of a certificate by a certified
 
 5 safety and health professional to an employer that the employer
 
 6 has an effective safety and health program [pursuant to section
 
 7 396-4.5,] under the federal Occupational Safety and Health Act of
 
 8 1970, as amended, the insurer shall provide the employer with a
 
 9 workers' compensation insurance premium discount of at least five
 
10 per cent; provided that the employer shall maintain the effective
 
11 safety and health program throughout the policy period.
 
12 Standards for the issuance of certificates shall be included in
 
13 rules adopted by the department of labor and industrial relations
 
14 pursuant to chapter 91."
 
15      SECTION 7.  Section 103D-327, Hawaii Revised Statutes, is
 
16 repealed.
 
17      ["[§103D-327]  Safety and health programs for construction.
 
18 Contracts awarded for construction in excess of $100,000 shall
 
19 comply with section 396-18."]
 
20      SECTION 8.  Section 132D-18, Hawaii Revised Statutes, is
 
21 repealed.
 
22      ["[§132D-18]  Effect on other laws.  Nothing in this chapter
 
23 shall be construed to apply to the possession, storage, sale, or
 

 
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 1 use of explosives and combustibles in accordance with chapter
 
 2 396."]
 
 3      SECTION 9.  Chapter 396, Hawaii Revised Statutes, is
 
 4 repealed.
 
 5      SECTION 10.  Section 397-3, Hawaii Revised Statutes, is
 
 6 amended by repealing the definition of "division".
 
 7      [""Division" means the division of occupational safety and
 
 8 health."]
 
 9      SECTION 11.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 12.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________