The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- Authority
- HRS § 396-4 (Auth and Imp notes to HAR § 12-60-2)
- Issued
- 2018-10-27 Oct. 27, 2018
- Effective
- standing throughout 2020 Q2 to 2021 Q3 (read as 2018-10-27)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Oct. 27, 2018 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers ('all employers with employees doing business in the State,' § 12-60-2(a)); the written-program requirement of § 12-60-2(b)(1) applies to employers of ten or more employees
- Character
- workplace duty
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
Every employer shall comply with the state laws, standards, and rules regarding a safe place of employment and safe practices, and shall do everything reasonable and necessary to protect the life, safety, and health of the employees.... The employer shall eliminate or control all existing and potential hazards within the workplace in a timely manner
Penalty
civil penalties under HRS § 396-10 (Ex. DUT-HI-005)
What it required
Every employer doing business in the State was bound to do 'everything reasonable and necessary to protect the life, safety, and health of the employees,' to provide safe workplaces 'by elimination or reduction of existing or potential hazards' through engineering controls, administrative controls, isolation or guarding and, where those were inadequate, personal protective equipment, and (for employers of ten or more) to 'institute and maintain an effective safety and health program to identify, evaluate, and control workplace hazards.'
Retrieval note§ 12-60-2(a)(3): 'Every employer shall provide safe work places and practices by elimination or reduction of existing or potential hazards... When elimination is not feasible, reduction of existing or potential hazards to acceptable levels, using methods such as engineering or administrative controls, isolation, or guarding, shall be promptly used. When these methods are inadequate to reach acceptable levels, personal protective equipment shall be provided and used.' § 12-60-2(b)(2)(A): 'The employer shall eliminate or control all existing and potential hazards within the workplace in a timely manner, using one or more of the following: (i) Engineering and work practice controls... (ii) Administrative controls... (iii) Requirements for the distribution and proper use of personal protective equipment. (iv) A program of medical examinations or evaluations.' HIOSH's own COVID-19 statement that under HAR §§ 12-60-2(b)(2) and 12-110-2(b)(2) employers 'are required to provide safe and healthful working conditions' including job hazard assessments, PPE, sanitization, social distancing, crowd control, physical barriers and customer face coverings appears in a search index of the HIOSH COVID-19 pages.