Report Title:

Seizure First Aid Information; Occupational Safety and Health

 

Description:

Requires employers to educate employees regarding seizure first aid using information provided by the department of labor and industrial relations.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2223

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO public health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to require employers, using materials provided by the department of labor and industrial relations, to educate employees about first aid for seizures.

     SECTION 2.  Chapter 396, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§396-    Seizure first aid.  (a)  The department shall make available to employers, employees, and the general public information detailing the appropriate steps to take when responding to a person having a seizure.  The information may be disseminated through exhibitions, broadcasts, lectures, pamphlets, and any other method of publicity.

     (b)  All employers shall post prominently in the work place information regarding seizure first aid.

     (c)  The department shall adopt rules in accordance with chapter 91 to implement this section.

     (d)  For the purposes of this section, "seizure first aid" means procedures to respond, attend, and provide comfort and safety to a person suffering from a primary generalized tonic-clonic seizure or complex partial seizure.  The term does not include training to medically treat a person suffering a seizure."

     SECTION 3.  Section 396-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§396-15[]]  Exception to liability.  (a)  Any employee who is required by [the regulations under] this chapter to be trained and certified in first aid, and consequently renders first aid care as provided by this chapter, shall not be liable for any civil damages resulting from the employee's acts or omissions, except for such damages as may result from the employee's gross negligence or wanton acts or omissions.

     (b)  Any employee who renders seizure first aid pursuant to section 396-   shall not be liable for any civil damages resulting from the employee's acts or omissions, except for such damages as may result from the employee's gross negligence or wanton acts or omissions.

     The employer of such an employee also shall not be liable for any civil damages resulting from the employee's acts or omission when rendering seizure first aid, except for such damages as may result from the employee's gross negligence or wanton acts or omissions."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

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