Hawaii — Workplace Safety

Hawaii's occupational safety and health program operates as an "OSHA-approved state plan" under Section 18(b) of the federal Occupational Safety and Health Act. The Hawaii Occupational Safety and Health Division (HIOSH), within the Department of Labor and Industrial Relations, administers workplace safety and health standards for most private- and public-sector employers under Hawaii Revised Statutes Chapter 396.

Approval Status: Hawaii's state plan is currently under initial federal approval, not final approval. On September 21, 2012, OSHA revoked Hawaii’s final state plan approval and reinstated its initial approval status. This change restored concurrent federal OSHA enforcement authority for private-sector occupational safety and health in Hawaii (see 29 C.F.R. § 1952.16(c); 77 FR 59175). On April 13, 2017, OSHA and HIOSH signed a new Operational Status Agreement under which HIOSH resumed primary enforcement in most areas, but federal OSHA retains authority and may resume enforcement if the state does not fulfill its obligations (see 82 FR 45316). As a result, private-sector employers in Hawaii may be subject to enforcement by either HIOSH or federal OSHA, depending on agency jurisdiction and the Operational Status Agreement in effect.

Jurisdiction: HIOSH generally covers most employment in Hawaii, except for:

• Federal employees
• U.S. Postal Service contractors
• Private-sector maritime activities (except marine construction not on vessels)
• Private-sector employees on military installations
• Other categories specified by federal regulation

Key statutory and regulatory sources: Source: 29 C.F.R. § 1952.16; 82 FR 45316; OSHA Hawaii State Plan summary

HIOSH: Adopts Federal Standards with Some Hawaii-Specific Provisions

Hawaii operates its own OSHA-approved state workplace safety plan, administered by the Hawaii Occupational Safety and Health Division (HIOSH) under the Department of Labor and Industrial Relations. While HIOSH generally adopts the majority of federal OSHA standards (under 29 C.F.R. Parts 1910 [general industry], 1926 [construction], etc.), there are material Hawaii-specific rules, modifications, and subject areas where state law imposes additional requirements, applies different enforcement thresholds, or regulates hazards not expressly addressed by federal OSHA. These differences are officially documented in both Hawaii statutes (HRS Chapter 396) and the Hawaii Administrative Rules (HAR) Title 12, Subtitle 8, as well as agency publications.

Areas of Material Hawaii-Specific Variation:

• Noise Exposure: HIOSH has adopted more protective noise exposure standards than federal OSHA in certain industries. (HAR § 12-60-50)
• Industrial Lighting: The state maintains its own standards for lighting levels in workplaces, reflecting local environmental conditions. (HAR § 12-60-93)
• Worker Intoxication: Hawaii has an express rule prohibiting intoxicated individuals from being present at a job site. (HAR § 12-110-2(a)(4))
• Safety and Health Programs: Requirements for written safety and health programs are set out in greater detail for certain employers. (HAR § 12-110-2(d))
• Industry- or Hazards-Specific: Hawaii sets standards for blasters, hoisting machine operators, boiler and elevator safety, and other areas that may not mirror federal OSHA directly. (See HRS Chapter 397.)

Official Documentation and Where to Find Differences:

• HIOSH's "About Us" and the OSHA State Plan Hawaii summary each highlight the areas of difference and point practitioners to sources of the official text.
• Regulations: HAR Title 12, Subtitle 8 (including industry-specific chapters)
• Statutory authority: HRS Chapter 396 for general occupational safety, and HRS Chapter 397 for elevator/boiler safety

Summary: Most Hawaii employers will find HIOSH enforces a set of rules nearly identical to federal OSHA but with several critical differences—principally in noise, lighting, workplace intoxication, specific industry licensing, and expanded written program duties. These differences are enumerated in the Hawaii Administrative Rules and agency publications linked below.

Source: HIOSH About Us; OSHA State Plan Hawaii; HAR Title 12, Subtitle 8; HRS Chapter 396; HRS Chapter 397

How HIOSH and federal OSHA divide enforcement in Hawaii (current as of the 2017 Operational Status Agreement):

Hawaii’s OSHA state plan, led by the Hawaii Occupational Safety and Health Division (HIOSH), operates under initial approval—not final approval—per 29 C.F.R. § 1952.16(c) and the 2012 federal revocation in 77 FR 59175. Since HIOSH does not have final approval from OSHA, both HIOSH and federal OSHA may enforce workplace safety rules for private-sector employers, but the division is formalized by a written Operational Status Agreement (OSA). An OSA is an explicit agreement required under 29 C.F.R. § 1954.3 in which federal OSHA and HIOSH coordinate who has primary enforcement jurisdiction over specific industries and categories of employment. The current OSA is described in 82 FR 45316 (Sept. 28, 2017).

HIOSH — Primary Enforcement Jurisdiction: As of the 2017 OSA, HIOSH has primary authority for enforcement in:

• General industry (including retail, hotels, non-federal healthcare, and service businesses)
• Construction (excluding maritime construction)
• Manufacturing (except those activities subject to federal carve-outs)
• Agriculture (except those activities carved out by federal jurisdiction—see below)
• State and local government workplaces (HIOSH is the only agency with authority under the Hawaii plan—federal OSHA never covers public-sector employees)

Federal OSHA — Exclusive/Retained Enforcement Jurisdiction: Federal OSHA retains exclusive enforcement in the following:

• Maritime employment:
• Shipyards (as defined in 29 C.F.R. part 1915)
• Marine terminals (29 C.F.R. part 1917)
• Longshoring operations (29 C.F.R. part 1918)
• Employment on vessels
• Federal employers and employees (including Department of Defense, military installations, and activities on federal enclaves)
• U.S. Postal Service and postal contractors (see 29 C.F.R. § 1952.16(c)(1)(ii); 82 FR 45316, Section V)
• Private-sector employment on military bases, and certain federal enclaves
• Any workplaces excluded by federal law or as specified in the OSA

Agriculture: HIOSH covers most agriculture, but federal OSHA retains jurisdiction for workplaces on military installations or as specifically defined in 29 C.F.R. § 1952.16 and the OSA. Example: If agricultural operations occur on property leased from the Department of Defense, federal OSHA—not HIOSH—enforces.

Summary table: | Industry/Sector | HIOSH Enforcement | Federal OSHA Enforcement | |----------------------------------|--------------------------|---------------------------------------------| | State/local government | Yes | No | | General industry (private) | Yes | In some cases; if on federal enclave | | Construction (non-maritime) | Yes | No | | Maritime (shipyards, vessels) | No | Yes | | Federal government, USPS | No | Yes | | Agriculture | Yes, unless on federal property | Yes, if on military or postal lease |

Practical effect: Most private-sector employers in Hawaii—including in construction, general industry, and agriculture—deal with HIOSH, unless the worksite is maritime, federal, or otherwise specifically excluded.

Source: 29 C.F.R. § 1952.16; 82 FR 45316 (2017 Operational Status Agreement); OSHA State Plan Hawaii

Hawaii’s state whistleblower protections cover both private-sector and public-sector employees, but with separate statutes and distinct details for process and remedies.

HRS § 396-8(e): Workplace safety retaliation claims (HIOSH and general sector) Hawaii Revised Statutes § 396-8(e) prohibits retaliation against any employee—private-sector or public—who reports or participates in proceedings about workplace safety and health. HIOSH, the state-administered OSHA plan, investigates these complaints. The statutory deadline for filing a retaliation complaint is 60 days from the alleged adverse action (HRS § 396-8(e); HIOSH Whistleblower Manual Ch. 8, § II(E)). The statute authorizes "all appropriate relief" for meritorious complaints, which HIOSH interprets to include reinstatement, back pay, and other measures necessary to make the employee whole, but it does not enumerate punitive damages or attorney’s fees in statutory text. If a private-sector worker files with HIOSH, they must be informed of the right to also file a parallel federal OSHA complaint under Section 11(c) within 30 days to preserve federal rights (HIOSH Whistleblower Manual Ch. 8, § II(E)).

HRS § 378-70: Public employee additional whistleblower protection Separately, HRS § 378-70 overlays additional protection for public employees (state and local government), making it unlawful for public employers to retaliate against employees for reporting, or being about to report, suspected legal or regulatory violations. The statute also requires agencies to post notice of these protections. HRS § 378-70 does not set a specific filing deadline or detail available remedies in its text; only the anti-retaliation obligation and posting requirement appear in the statute.

Summary Table:

• HRS § 396-8(e) — Coverage: most private and public employees; 60-day filing deadline; "all appropriate relief" (not strictly itemized); HIOSH is the enforcing agency; private employees have a right to dual file with federal OSHA within 30 days.
• HRS § 378-70 — Only public employees of state/local government; covers reporting of suspected violations; includes workplace posting but does not specify process/timeline/remedy; enforced through state law channels.

Source: HRS § 396-8(e), HIOSH Whistleblower Manual, HRS § 378-70

Hawaii Administrative Rules Title 12, Subtitle 8: Part and Chapter Structure for Agriculture and Maritime

Under Hawaii's state workplace safety plan (HIOSH), state occupational safety and health standards are codified in the Hawaii Administrative Rules (HAR), Title 12, Subtitle 8. Most employers encounter the general industry (Part 2/Ch. 60) and construction (Part 3/Ch. 110) standards, but HAR Subtitle 8 contains distinct, separately numbered parts for agriculture and for specific maritime sectors, each generally tracking their federal OSHA counterparts:

Agriculture:

• Standards for agricultural operations are found in Part 8, Chapter 208 (HAR § 12‑208), titled “Occupational Safety and Health Standards for Agriculture.”

Maritime Sectors:

• Shipyard Employment: Part 5, Chapter 170 (HAR § 12-170) — incorporates 29 C.F.R. Part 1915.
• Marine Terminals: Part 6, Chapter 180 (HAR § 12-180) — incorporates 29 C.F.R. Part 1917.
• Longshoring: Part 7, Chapter 190 (HAR § 12-190) — incorporates 29 C.F.R. Part 1918.

Each of these HAR chapters formally adopts the related federal OSHA standards by reference—ensuring that HIOSH enforces requirements for agriculture and covered maritime work mirroring the federal floor, except where specific Hawaii amendments are made (rare, but possible).

Summary Table: | Industry / Activity | HAR Part | HAR Chapter | Incorporates 29 C.F.R. Part | |-----------------------|----------|-------------|-----------------------------| | Agriculture | Part 8 | Ch. 208 | — | | Shipyard Employment | Part 5 | Ch. 170 | 1915 | | Marine Terminals | Part 6 | Ch. 180 | 1917 | | Longshoring | Part 7 | Ch. 190 | 1918 |

Source: HIOSH regulations index; HAR Title 12, Subtitle 8; HAR § 12-208; HAR § 12-170; HAR § 12-180; HAR § 12-190