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  3. DUT-HI-007

Ex. DUT-HI-007 Standing duty Primary source read

Legal Notice: Notice of Emergency Temporary Standards Adoption (COVID-19 Healthcare ETS adopted as HAR § 12-60-51)

Notice of Emergency Temporary Standards Adoption Notice

Department of Labor and Industrial Relations, Hawaii Occupational Safety and Health Division (HIOSH) · Hawaii (State)

The COVID Project

The record

Jurisdiction
Hawaii
Level
State
Authority
HRS § 396-4(a)(2); HAR § 12-54-7; Operational Status Agreement between federal OSHA and HIOSH § 18(b); 29 C.F.R. § 1953.5(b)
Issued
2021-07-25 July 25, 2021
Effective
2021-07-25; employers to comply with all requirements except paragraphs (i), (k) and (n) of 29 C.F.R. § 1910.502 by Aug. 8, 2021 and with those paragraphs by Aug. 25, 2021 (read as 2021-07-25)
End
2022-01-25 (six-month statutory limit under HRS § 396-4(a)(2)) (read as 2022-01-25)
In force
July 25, 2021 to Jan. 25, 2022
Quarters
2021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • specified businesses (health care and health care support service employers as defined in 29 C.F.R. § 1910.502(a), incorporated); every employer as to the 'grave danger' finding
Character
agency position statement
Collection
Standing duties: Hawaii DUT-HI

Operative words

the Director of Labor and Industrial Relations has determined that, under HRS § 396-4(a)(2), the ETS should be adopted because Hawaii's employees are exposed to grave danger... and an emergency standard is necessary to protect employees from danger. Therefore, HIOSH adopts federal OSHA's ETS as HAR § 12-60-51

Penalty

civil penalties under HRS § 396-10; inspections under DIR 2021-02 (Ex. DUT-HI-009)

What it required

Every Hawaii employer in a setting where people with COVID-19 are reasonably expected to be present (29 C.F.R. § 1910.502) was bound from July 25, 2021 to the full federal Healthcare ETS as State law: a written COVID-19 plan, patient screening, distancing, barriers, face masks and respirators, ventilation, health screening and removal of infected or exposed employees with medical removal protection, vaccination leave, training, recordkeeping and reporting of fatalities and hospitalizations to HIOSH. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).

Retrieval note

The notice recites that 'Under section 18(b) of the Operational Status Agreement between federal OSHA and HIOSH and 29 CFR § 1953.5(b), HIOSH is required to adopt worker protections at least as effective as worker protections adopted by federal OSHA.' The federal instrument incorporated is 86 Fed. Reg. 32376 (June 21, 2021), 29 C.F.R. part 1910, subpart U (§§ 1910.502, 1910.504, 1910.505, 1910.509); the federal ETS is in the library's Federal series (grep FED- for 1910.502). HIOSH's web notice of July 14, 2021 (labor.hawaii.gov/hiosh/hiosh-news/hiosh-to-adopt-emergency-temporary-standard-for-healthcare/) states 'This ETS expired on January 25, 2022.'.