In 2018, Governor Ige approved new administrative rules for the State of Hawaii Department of Labor and Industrial Relations, Occupational Safety and Health Division (HIOSH). HIOSH generally adopts Federal Occupational Safety and Health Administration (OSHA) standards in their entirety (with a few limited exceptions). Effective October 27, 2018, these rules require companies who have 10 or more employees to develop a written safety and health program that satisfies HIOSH/OSHA requirements.

Specifically, under the general HIOSH standards, a company is exempt from being required to have a written safety and health program only if they have fewer than 10 employees. Otherwise, all other companies must adopt a written safety and health program that complies with HIOSH/OSHA requirements. HAR §12-60-2.

Similarly, for construction standards under HIOSH, a company is exempt from being required to have a written safety and health program only if (1) they have fewer than 10 employees and (2) are not doing contract work with the State worth in excess of $100,000. Both requirements must be met for the exemption to apply. HAR §12-110-2.

Therefore, most companies in Hawaii with more than 10 employees need to adopt a written safety and health program. Violation of the HIOSH law or rules may result in civil and/or criminal penalties.

To assist companies with developing their written safety and health programs, HIOSH provides a Sample Safety & Health Program on its website.

Employers should:

• Review the standard for particular requirements which are applicable to their work situation;
• Add information relevant to their particular facility in order to develop an effective program; and
• Review certain programs as required on at least an annual basis and update when necessary.

If you have any questions about developing a Safety and Health Program, you may contact the HIOSH Consultation and Training Branch at 808-586-9100.