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Hawaii incorporates by reference most of the July 1, 2017, edition of the federal OSHA general industry requirements for air contaminants; however, the state amends or adds further requirements. Also, any federal OSHA rulemakings effective after July 1, 2017, will not take effect for employers in Hawaii until the state takes action.
A summary of the amended or added requirements includes the following:
- Hawaii's HAR 12-60-50 lists state-specific definitions that differ from federal OSHA's definitions.
- Measure, monitor, and record employee exposure to toxic materials or harmful physical agents in accordance with HAR 12-60-50(d)(1)(A).
- Provide medical exams, at the employer's cost, to determine the effect of toxic material or harmful physical agents on employee health when these exams are needed for adequate employee protection, in accordance with HAR 12-60-50(d)(1)(B).
- Do not exceed the PEL-TWA, PEL-STEL, and PEL-Ceiling exposures listed in the July 1, 2017, Exhibit A, “Limits for Air Contaminants.” See HAR 12-60-50(d)(2)(A).
- Do not expose employees at the PEL-STEL for longer than 15 minutes and do not repeat over four times per day, in accordance with HAR 12-60-50(d)(2)(A)(iii). Allow for at least 60 minutes between exposures at the PEL-STEL.
- Prevent or reduce skin exposure to substances in the July 1, 2017, Exhibit A with an X, in accordance with HAR 12-60-50(d)(2)(B).
- Do not exceed the PEL-TWA listed in the July 1, 2017, Exhibit B, “More Limits for Air Contaminants,” for any employee 7-hour to 8-hour work shift within a 40-hour workweek, in accordance with HAR 12-60-50(d)(3)(A).
- Do not exceed the acceptable ceiling concentration in the July 1, 2017, Exhibit B for any employee 7-hour to 8-hour work shift, in accordance with HAR 12-60-50(d)(3)(B).
- Post prominently any information about toxic material or harmful physical agent hazards in your workplace including precautions, symptoms, and emergency procedures. Where appropriate, also post information about the availability of medical exams at no cost to employees. Where possible, also post or label the above information on/near the hazard. Where protective equipment is available, also provide information regarding equipment availability, hazard control, or monitoring/measuring or other technological procedures.
- Do not permit regular employee exposure to substances which may impair their health or function.
- Promptly provide information to employees after/during exposure to toxic materials or harmful physical agents at levels/concentrations over limits set in the regulations. This information may be fulfilled by:
- Allowing employees to observe monitoring or measuring of such materials or agents;
- Giving employees access to monitoring and measuring records after exposure, and explaining monitoring or measuring procedures where needed; and
- Providing employees with information about corrective action taken.
Except as amended in section 12-60-50, HIOSH incorporates by reference the July 1, 2017, edition of 29 CFR 1910. Any new federal OSHA final rule that took or takes effect after July 1, 2017, will not be effective until the state takes action. For example, currently, the federal OSHA Standards Improvement Project—Phase IV final rule, dated May 14, 2019, is not effective in Hawaii.
Related information
Citations
- Hawaii Administrative Rule HAR 12-60-50 Standards Hawaii Revised Statute HRS Title 21, Chapter 396 Hawaii Occupational Safety and Health Law
- Hawaii Revised Statute HRS Title 21, Section 396-7 Toxic materials
- Federal regulation 29 CFR 1910.1000 Air contaminants