STAND. COM. REP. NO. 491

Honolulu, Hawaii

, 2005

RE: H.B. No. 762

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Labor & Public Employment, to which was referred H.B. No. 762 entitled:

"A BILL FOR AN ACT RELATING TO HAWAII WORKSITE TEMPORARY RESTRAINING ORDER ACT,"

begs leave to report as follows:

The purpose of this bill is to establish a procedure for employers to obtain temporary restraining orders (TRO) to protect against violence and harassment at the worksite.

The Department of Labor and Industrial Relations, Department of Human Resources Development, Department of the Prosecuting Attorney of the City and County of Honolulu, Retail Merchants of Hawaii, Hawaii Shipyards, Inc., and Hawaii Hotel & Lodging Association testified in support of this measure. The Hawaiian Dredging Construction Company, Inc., Waikiki Beach Marriott, Society of Human Resource Management-Hawaii Chapter, and The Chamber of Commerce of Hawaii supported the intent of this bill. The Office of the Public Defender, Consumer Lawyers of Hawaii, and ILWU, Local 142 testified in opposition to this measure.

Workplace violence is a growing concern across the nation, as well as in Hawaii. Violence and threats of violence permeate our society. Business must provide a safe workplace for its employees by keeping violence out of the workplace.

 

In 1972, in an effort to broaden the scope and jurisdiction of the Circuit Courts, statutory amendments were made which raised jurisdictional questions between the Circuit and District Courts regarding the issuance of restraining orders filed on behalf of corporations. Your Committee finds that this creates a problem in the workplace since the threat of violence against a particular employee at a workplace has consequences for others throughout the entire worksite.

Your Committee recognizes that violent individuals may pose a threat to an employer's workforce and that an employer should be allowed to use a TRO as a means of protecting the health and safety, and well-being of their employees.

As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 762 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

____________________________

KIRK CALDWELL, Chair