Hawaii incorporates by reference most of the July 1, 2017, edition of the federal OSHA general industry and construction requirements, with some amendments at HAR 12-60-50 and HAR 12-110-50, respectively. Currently, Hawaii has no comprehensive heat injury and illness prevention standard for general industry or construction.
Because heat stress may be a “health” hazard for employees, Hawaii’s requirement to maintain a written safety and health program is related (per HAR 12-60-2 for general industry and HAR 12-110-2 for construction). Federal OSHA does not require a safety and health program, so this state requirement is more stringent than federal.
Also, Hawaii has a requirement (at HRS Title 21, Section 396-6) that is equivalent to OSHA's General Duty Clause for providing a safe and healthy workplace, free from recognized hazards, but the state adds further requirements. A summary of the additional requirements includes the following:
- Furnish a safe workplace.
- Keep recognized hazards out of the workplace.
- Do not allow an employee to work where hazards may cause death or serious physical harm.
- Do not allow an employee to work where HIOSH rules are not met, unless abating a hazard.
- Provide safeguards and methods to keep the workplace safe.
- Do not construct or keep an unsafe workplace.
- Make required reports.
- Keep required records and make them available to HIOSH as necessary.
- Prominently post HIOSH-provided posters and information, along with notices about employee obligations and rights.
