The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- Authority
- HRS chapter 396; OSHA enforcement memorandum of Apr. 16, 2020 (Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic), adopted
- Issued
- 2020-04-20 Apr. 20, 2020
- Effective
- 2020-04-20
- End
- the federal memorandum was time-limited to the public health crisis; OSHA replaced it in 2021 (read as 2021-06-30)
- In force
- Apr. 20, 2020 to June 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rules
- Addressees
- employers (all employers subject to HIOSH standards)
- Character
- guidance incorporated
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
HIOSH to follow OSHA's 4/16/20 enforcement memo on Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic, effective 4/20/2020.
Penalty
citations and civil penalties under HRS § 396-10 where no good-faith effort is shown
What it required
HIOSH announced that it would apply OSHA's enforcement policy under which an employer's good-faith efforts to comply with standards during the pandemic (exploring compliance options, interim protective measures, rescheduling) are weighed in citation decisions, and an employer that made no effort remains subject to citation; the notice is HIOSH's statement that the standards continued to bind employers during the pandemic and that enforcement continued.
Retrieval noteRendered from the Wayback Machine capture of May 13, 2020. HIOSH posted two companion notices the same day adopting OSHA's Apr. 3 and Apr. 8, 2020 respirator enforcement guidance (labor.hawaii.gov/hiosh/2020/04/). The characterization of the memorandum's content above is a paraphrase of the reproduced federal memorandum; quote from the exhibit's text when citing.