Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 1371 entitled:

begs leave to report as follows:

The purpose of this measure is to require the state consultants' reports to the employer to be confidential except in limited situations involving harm to worker health and safety.

Testimony in support of this measure was submitted by the Department of Labor and Industrial Relations (DLIR). Testimony in support of the intent of this measure was submitted by the Office of Information Practices, but subsequently withdrawn.

Testimony in opposition to this measure was submitted by the Consumer Lawyers of Hawaii.

Your Committee finds that confidentiality is necessary to encourage employers to request consultation and other assistance from DLIR for the good of workplace health and safety. Employers have repeatedly voiced concerns regarding the confidentiality of consultants' reports prepared by DLIR. On occasion, some employers have indicated that the concern may lead them to cease from requesting DLIR consultations, which will be detrimental not only to the employees, but also business establishments.

Your Committee determines that confidentiality must be ensured and that disclosure of such consultation reports should only be permitted under the five circumstances enumerated in the measure.

Accordingly, your Committee has amended the measure as follows:

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 S.B. No. 1371, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1371, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.