Wildfire smoke - Hawaii

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 wildfire smoke standard for general industry or construction.

Because wildfire smoke may pose a “health” hazard to 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 396-6) that is equivalent to federal OSHA's General Duty Clause for providing a safe and healthy workplace, free from recognized, serious hazards, but the state adds further requirements. A summary of these 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.