Law in the Brief: Increased Fines for Violation of HIOSH, Easy as Act 123

Hey everyone, today’s Law in the Brief will be short and simple, but I am connecting it to this Thursday’s Draw the Law so check back later. So do you remember that explosion out in Waikele that killed 5 workers?  Well, that is the kind of situation that might be fined under the Act we are discussing today depending on what investigators discover.  That is the type of situation that falls under Hawaii Occupational Safety and Health Law (HIOSH), which means the company could face severe penalties for violations.

What: Act 123 of this year’s state legislative session has increased the fines under Chapter 396 (HIOSH) of the Hawaii Revised Statutes.  Basically, this is the state of Hawaii’s version of the Occupational Safety and Health Act (OSHA). HIOSH is administered by the Hawaii’s Department of Labor and Industrial Relations (DLIR). So this week’s Draw the Law will discuss OSHA and HIOSH together.

Specifics:  The law makes a 10% increase across the fines found under HRS §396-10.  Here are the specifics of the penalties for an employer or other concerned parties:

  1. if cited for a serious violation, and non-serious one as well - $7,700;
  2. if cited for violating the posting requirements - $7,700;
  3. for willful or repeated violations of 396 - $5,500 – 77,000 for each violation;
  4. if convicted for willful or repeated violations that results in an employee death it is $77,000 for the violation and a possible imprisonment term;
  5. if you discharge or discriminate against employee for asserting rights under 396 it is a $1,100 per violation;
  6. if someone without authority from DLIR Directors gives advanced warning of a surprise inspection it is $1,100 and possible imprisonment;
  7. for falsifying records, certification and documentation it is $11,000 and/or possible imprisonment;
  8. for criminal offenses against employees of the State doing their job it is $55,000 added to the maximum fine for a class A felony and ten years added to the term;
  9. for Class B felonies it is $27,500 added and a five years;
  10. for Class C felonies it is $11,000 added and three years; and
  11. for misdemeanors and petty misdemeanors it is $2,200 added and 1 year added to the term.

Last Word:  So in this economic downturn can you face increase 10% penalties?  That could be up to an extra $700 for a serious violation.  Are you ready to afford extra penalties and possible imprisonment? If you are trying to comply with safe and health standards contact an attorney or a safety specialist to help you point out problems in your business to avoid violating HIOSH.  In addition, return to this Blawg Thursday to check out Draw the Law.

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*Disclaimer:  This post discusses general legal issues, but does not constitute legal advice in any respect.  No reader should act or refrain from acting based on information contained herein without seeking the advice of counsel in the relevant jurisdiction.  Ryan K. Hew, Attorney At Law, LLLC expressly disclaims all liability in respect to any actions taken or not taken based on the contents of this post.