Overview

• Initial Approval: January 4, 1974 (39 FR 1012)
• State Plan Certification: May 9, 1978 (43 FR 19851)
• Operational Status Agreement: September 22,2012 (77 FR 58488), amended on November 27, 2013; February 14, 2014 (79 FR 8855), amended on January 29, 2015 and September 24, 2015; new agreement April 13, 2017

The Hawaii Occupational Safety and Health Division (HIOSH) is part of the Department of Labor and Industrial Relations. The main office is located in Honolulu.

Coverage

The Hawaii State Plan applies to private-sector workplaces in the state, with the exception of:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring, but not marine construction work not done on vessels or other floating facilities, which HIOSH covers;
2. Contract workers and contractor-operated facilities engaged in United States Postal Service mail operations;
3. Contractors and subcontractors at Hawaii National Park and on any other federal establishment where the land is determined to be under exclusive federal jurisdiction;
4. Private-sector employers within the secured borders of all military installations where access is controlled;
5. Any establishment that has refused entry and the state is unable to obtain a warrant to enforce the right of entry; and
6. All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

The Hawaii State Plan also applies to state and local government employers. It does not apply to federal government employers, including the United States Postal Service (USPS). Federal OSHA covers the issues not covered by the Hawaii State Plan, as set forth above. In addition, Federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970 (OSH Act), Section 11(c), 29 U.S.C. 660(c), with respect to the private sector and the USPS. HIOSH also investigates private sector and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

In addition to monitoring visits provided for under Section 18(f) of the OSH Act, 29 U.S.C. 667(f), Federal OSHA may accompany HIOSH on enforcement activities for purposes of technical assistance and training. Additionally, HIOSH may accompany Federal OSHA on enforcement activities for training purposes.

A brief summary of the Hawaii State Plan is included in the Code of Federal Regulations at 29 CFR 1952.16. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that Federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

HIOSH has adopted the majority of OSHA standards that would relate to state and local government and private employer operations. However, some of their standards have significant differences and some do not have any federal counterparts. In addition, HIOSH has adopted the following unique standards:

General Industry

• Noise Exposure
• Toxic Substances
• Industrial Lighting
• Worker Intoxication
• Safety and Health Program

Construction

• Signs, Signals, and Barricades
• Steel Erection
• Cranes and Derricks
• Worker Intoxication

Enforcement Programs

HIOSH compliance is responsible for the enforcement of HIOSH safety and health standards. HIOSH utilizes the Field Operations Manual (FOM) to provide guidance for the enforcement program. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of HIOSH regulations are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals. More information on enforcement in Hawaii can be found on the Hawaii State Plan website.

Voluntary and Cooperative Programs

HIOSH offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. HIOSH also offers on-site consultation services which help employers – both public and private – comply with HIOSH or OSHA standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the Hawaii State Plan website.

Informal Conferences and Appeals

HIOSH management personnel conduct informal conferences in an effort to resolve contested cases. The Hawaii Appeals Board hears and rules on appeals from citations, notifications, and penalties issued by HIOSH's enforcement unit. For more information on these programs, please visit the Hawaii State Plan website.