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HOUSE OF REPRESENTATIVES |
H.B. NO. |
166 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII OCCUPATIONAL SAFETY AND HEALTH LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 396-10, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) to (i) to read:
"(b) Any employer who has received an
order or citation for a serious violation of any standard or rule adopted
pursuant to this chapter shall be assessed a civil penalty of not more than [$7,000]
$7,700 for each violation.
(c) Any employer who has received an order or
citation for a violation of any standard or rule adopted pursuant to this
chapter, and the violation is specifically determined not to be of a serious
nature, may be assessed a civil penalty of up to [$7,000] $7,700
for each violation.
(d) Each day a violation continues shall constitute a separate violation, except that during an abatement period only, no additional penalty shall be levied against the employer.
(e) Any employer who violates any of the
posting requirements prescribed under this chapter shall be assessed a civil
penalty of up to [$7,000] $7,700 for each violation.
(f) Any employer who wilfully or repeatedly
violates this chapter, or any standard, rule, citation, or order issued under
the authority of this chapter, shall be assessed a civil penalty of not less
than [$5,000] $5,500 nor more than [$70,000] $77,000
for each violation.
(g) Any employer convicted of wilful or
repeated violation of any standard, rule, citation, or order issued under
authority of this chapter resulting in the death of an employee shall be
punished by a fine of not more than [$70,000] $77,000 or by
imprisonment for not more than six months, or both, except that if the
conviction is for a violation committed after a first conviction, punishment
shall be by a fine of not more than [$70,000] $77,000 or by
imprisonment for not more than one year, or both. Failure to correct a
violation for which an order or citation of arrest has been issued shall be
evidence of wilful conduct.
(h) Any employer who has received an order for
violation under section 396-8(e) may be assessed a civil penalty of not more
than [$1,000] $1,100 for each violation.
(i) Any person who gives advance notice of any
inspection to be conducted under this chapter, without authority from the
director or the director's designees shall, upon conviction, be punished
by a fine of not more than [$1,000] $1,100 or by imprisonment for
not more than six months, or by both."
2. By amending subsections (m) and (n) to read:
"(m) Whoever knowingly makes any false
statement, representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained pursuant to this
chapter shall, upon conviction, be punished by a fine of not more than [$10,000,]
$11,000, or by imprisonment for not more than six months, or by both.
(n) Criminal offenses committed against any employee of the State acting within the scope of the employee's office, employment, or authority under this chapter shall be subject to the penalties set forth in the Hawaii Penal Code; provided that:
(1) Ten years shall be added to the maximum term of
imprisonment (unless life imprisonment is imposed) and [$50,000] $55,000
shall be added to the maximum fine imposed for conviction of a class A felony;
(2) Five years shall be added to the maximum term of
imprisonment and [$25,000] $27,500 shall be added to the maximum
fine imposed for conviction of a class B felony;
(3) Three years shall be added to the maximum term of
imprisonment and [$10,000] $11,000 shall be added to the maximum
fine for conviction of a class C felony;
(4) One year shall be added to the maximum term of
imprisonment and [$2,000] $2,200 shall be added to the maximum
fine for conviction of a misdemeanor; and
(5) The maximum term of imprisonment and maximum fines prescribed for misdemeanors under the Hawaii Penal Code shall apply to convictions of a petty misdemeanor."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Occupational Safety and Health
Description:
Raises the civil penalty amounts and additional criminal fines for violations of the Hawaii Occupational Safety and Health Law. (HB166 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.