Resources for Whistleblower & Worker's Rights
Under §396-6 HRS, employers have a responsibility to provide a safe workplace.
§396-6 Employer responsibility: safe place of employment; safety devices and safeguards. (a) Every employer shall furnish to each of the employer’s employees employment and a place of employment which are safe as well as free from recognized hazards. No employer shall require or direct or permit or suffer any employee to go or be in any employment or place of employment which is not free from recognized hazards that are causing or likely to cause death or serious physical harm to employees or which does not comply with occupational safety and health standards, rules, regulations, citations, or orders made pursuant to this chapter except for the specific purpose of abating said hazard.
(b) Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe.
(c) No employer shall construct or cause to be constructed any place of employment that is not safe, and no employer shall occupy or maintain any unsafe place of employment.
(d) Every employer shall make such reports as the Secretary of Labor may require pursuant to Public Law 91596 section 8(c).
(e) Each employer shall make, keep and preserve and make available to the department such records regarding the employer’s activities relating to this chapter as the department may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses.
The department shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on work related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(f) All employers shall be required to post prominently in the working place all posters and information provided by the department for posting as well as notices informing employees of their rights and obligations under this chapter.
For more information and resources regarding Employer and Employee rights under OSHA, please visit the Hawaii State OSHA website at https://labor.hawaii.gov/hiosh/