Injury and illness recordkeeping and reporting - Hawaii

Hawaii incorporates by reference most of the July 1, 2017, edition of the federal OSHA requirements for injury and illness recordkeeping; however, the state 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 additional or different requirements includes the following:

• Hawaii revises 1904.1(a)(1). Much like federal OSHA 1904.1, employers in Hawaii do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under 1904.41 or 1904.42. However, HIOSH adds itself to the list of agencies that has the authority to inform you in writing to keep records. Also, HIOSH adds 1904.37 to the list of requirements that it could write to inform you to keep records under.
• Hawaii revises 1904.2(a)(1). HIOSH adds 1904.37 to the list of regulations the government could ask an establishment to keep records under. Also, HIOSH has a different list of partially exempt low-hazard industries. That list is found in the state’s Non-Mandatory Appendix A to Subpart B Partially Exempt Industries, which is dated March 17, 2017.
• Hawaii revises 1904.29(b)(2). HIOSH makes clear that if using an equivalent form to the OSHA 301, that equivalent form must have the SAME information required by the OSHA 301. HIOSH also makes clear that if an injury and illness is REQUIRED on the OSHA 300 Log, it is then REQUIRED on the OSHA 301 or equivalent.
• Hawaii adds a paragraph (c) to 1904.37 regarding injury and illness surveys sent by HIOSH.
• HIOSH revises 1904.39(a). Employers must make reports orally by telephone (808-586-9102) or in person (HIOSH Honolulu office). Also, HIOSH adds reporting within 24 hours any property damage over $25,000, if it resulted from a work incident.
• HIOSH revises 1904.39(b)(1). HIOSH explains that when its office is closed, the establishment may meet it’s duty to orally report a reportable incident by leaving a voicemail message at 808-586-9102, BUT that message must include ALL the information listed in 1904.39(b)(2).
• HIOSH revises 1904.39(b)(11). HIOSH does NOT include the statement, “Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.”
• HIOSH revises 29 CFR 1904 Non-Mandatory Appendix A to Subpart B - Partially Exempt Industries. The revisions exist during a HIOSH Strategic Plan only. Under the revisions, HIOSH explains that establishments in industry codes NAICS 4812, 4879, and 4885 must maintain the injury and illness log during the HIOSH strategic Plan. The only exception is if the establishment has fewer than 11 employees. HIOSH is more stringent and REMOVES over 30 industry sectors from the partial exemption table in Appendix A to Subpart A. Establishments should not assume that if federal OSHA partially exempts them that HIOSH does too.
• Except as amended in section 12-52.1-2, HIOSH incorporates by reference the July 1, 2017, edition of 29 CFR 1904. Any new federal OSHA final rule for Part 1904 that took or takes effect after July 1, 2017, will not be effective until the state takes action. For example, currently, the following federal OSHA final rules are not effective in Hawaii:
  • Improve Tracking of Workplace Injuries and Illnesses: Delay of Compliance Date, dated November 24, 2017;
  • Tracking of Workplace Injuries and Illnesses, dated January 25, 2019;
  • Standards Improvement Project— Phase IV, dated May 14, 2019;
  • OSHA Standards and Regulations; Corrections, dated February 18, 2020; and
  • Improve Tracking of Workplace Injuries and Illnesses, dated July 21, 2023.

Related information

• Injury and Illness Recordkeeping and Reporting ezExplanation
• Injury and illness recordkeeping and reporting state comparison table

Citations

• Hawaii Administrative Rule HAR 12-52.1, Recording and reporting occupational injuries and illnesses

• Hawaii Administrative Rule HAR 12-52.1-1 State amendments to 29 C.F.R. §1904
• Hawaii Administrative Rule HAR 12-52.1-2 Incorporation to federal standard

• Federal regulation 29 CFR 1904 Recording and reporting occupational injuries and illnesses