Confidentiality of Consultation Reports
Requires that state consultants' reports to the employer be confidential except in limited situations involving harm to worker health and safety. (SD1)
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE CONFIDENTIALITY OF CONSULTATION REPORTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 396-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Education and training.
(1) The department may disseminate, through exhibitions, videos, lectures, pamphlets, and any other method of publicity, information to employers, employees, and the general public regarding the causes and prevention of industrial accidents, injuries, and illnesses;
(2) Where appropriate, the department shall undertake programs in training and consultation with employers and employees as a means of encouraging voluntary compliance with occupational safety and health standards and rules; [
(3) Consultation reports and related documentation as a result of an on-site consultation by the department shall only be disclosed to the employer for whom it was prepared or under the following circumstances:
(A) When determined to be necessary to prevent harm to employees or the public;
(B) When the employer refuses or fails to timely correct an imminent danger;
(C) When the employer refuses or fails to timely correct an identified serious hazard;
(D) When the employer discloses, relies on, or uses any part of a consultation report or related documentation in connection with the enforcement of this chapter; or
(E) When the inspector independently determines that there is reason to believe that the employer has repeatedly created similar hazards or failed to correct any hazard identified in the consultation visit, or made false statements to the consultant in connection with participation in the consultation program; and
3)] (4) There is established a special fund to be known as the occupational safety and health training and assistance fund into which shall be deposited: in each fiscal year, up to $500,000 in fines, interest, and penalties collected pursuant to section 396-10; interest earned on any moneys in the fund; and all moneys received for the fund from any source. The moneys in the fund may be used to carry out the purposes of this subsection. The director of finance shall be the custodian of the fund, invest its moneys in accordance with applicable laws and rules, and disburse the moneys in the fund in accordance with instructions from the director of labor and industrial relations and section 36-27. All moneys earned from investments shall be deposited in the fund. The director of finance shall be liable on the director's official bond for the faithful performance of all duties in connection with the fund. The fund may be used for:
(A) Occupational safety and health training programs;
(B) Department-sponsored safety and health conferences;
(C) Additional state consultants (occupational safety and health advisors) to assist employers, unions, and employees;
(D) Preparation of annual reports pursuant to section 396-17; and
(E) Certification programs to enhance safety and health.
The director of labor and industrial relations shall submit annual reports to the legislature on the status of the fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050, and shall be repealed on July 1, 2006; provided that amendments made to section 396-4(c), Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 1, 2003, pursuant to section 4 of Act 130, Session Laws of Hawaii 1994, as amended by Act 12, Special Laws of Hawaii 1995, and by Act 28, Session Laws of Hawaii 1999.