Eliminates the Hawaii Occupational Safety and Health law.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to repeal the Hawaii occupational safety and health law in order to cede jurisdiction over occupational safety and health to the federal occupational safety and health administration.

SECTION 2. Section 132-8.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Each county fire chief [shall], after consultation with the [director of labor and industrial relations as administrator of the Hawaii Occupational Safety and Health Law under chapter 396, promulgate] federal administrator of the federal Occupational Safety and Health Act of 1970, as amended, shall adopt rules in conformity with chapter 91 necessary for the purposes of this section as it applies to all elevators contracted for, before July 1, 1974."

SECTION 3. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "fireworks" to read as follows:

""Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its or other devices which contain twenty-five hundredths of a grain or less of explosives substance. The term "fireworks" also shall not include any explosives and pyrotechnics regulated [under chapter 396.] by the federal government under the federal Occupational Safety and Health Act of 1970, as amended."

SECTION 4. Section 386-82, Hawaii Revised Statutes, is amended to read as follows:

"§386-82 Claim for compensation; limitation of time. The right to compensation under this chapter shall be barred unless a written claim therefor is made to the director of labor and industrial relations (1) within two years after the date at which the effects of the injury for which the employee is entitled to compensation have become manifest, and (2) within five years after the date of the accident or occurrence which caused the injury.

The foregoing limitations of time shall not apply to a claim for injury caused by compressed air or due to occupational exposure to, or contact with, arsenic, asbestos, benzol, beryllium, zirconium, cadmium, chrome, lead, fluorine, or other mineral or substance with carcinogenic properties, as [incorporated in the Hawaii Occupational Safety and Health Standards,] may be incorporated under the federal Occupational Safety and Health Act of 1970, as amended, or to exposure to X-rays, radium, ionizing radiation, or radioactive substances, but such claim shall be barred unless it is made to the director, in writing, within two years after knowledge that the injury was proximately caused by, or resulted from the nature of, the employment. The claim may be made by the injured employee or the employee's dependents or by some other person on the employee's or their behalf. The claim shall state in ordinary language the time, place, nature, and cause of the injury."

SECTION 5. Section 397-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§397-2[]] Findings and purpose. The legislature finds that [the Hawaii occupational safety and health] present law does not adequately provide for the safe operation and use of boilers, pressure systems, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure the safe operation and use of such apparatus in Hawaii."

SECTION 6. Section 431:14-103, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Upon the issuance of a certificate by a certified safety and health professional to an employer that the employer has an effective safety and health program [pursuant to section 396-4.5,] under the federal Occupational Safety and Health Act of 1970, as amended, the insurer shall provide the employer with a workers' compensation insurance premium discount of at least five per cent; provided that the employer shall maintain the effective safety and health program throughout the policy period. Standards for the issuance of certificates shall be included in rules adopted by the department of labor and industrial relations pursuant to chapter 91."

SECTION 7. Section 103D-327, Hawaii Revised Statutes, is repealed.

["[§103D-327] Safety and health programs for construction. Contracts awarded for construction in excess of $100,000 shall comply with section 396-18."]

SECTION 8. Section 132D-18, Hawaii Revised Statutes, is repealed.

["[§132D-18] Effect on other laws. Nothing in this chapter shall be construed to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396."]

SECTION 9. Chapter 396, Hawaii Revised Statutes, is repealed.

SECTION 10. Section 397-3, Hawaii Revised Statutes, is amended by repealing the definition of "division".

[""Division" means the division of occupational safety and health."]

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY: