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GM 1141

Informing the Legislature that on May 26, 2026, the Governor signed the following bill into law: SB3144 SD1 HD2 (ACT 041).

2026 Regular Session

Hawaii updates occupational safety law to broaden the dept's rulemaking, enforce stronger protections, regulate hoisting machines, and allow emergency standards and variances.

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Bill Summary · GM 1141

Overview

  • Bill: SB 3144, SD1, HD2 (ACT 041)
  • Session/Jurisdiction: Hawaii, 2026
  • Enactment: Signed into law by Governor May 26, 2026
  • Purpose: Updates Hawaii’s occupational safety and health law, including changes to definitions, department responsibilities, emergency standards, variances, employee protections, and the regulation of hoisting machines and operators.

Main purpose and intent

  • Modernize and strengthen the Hawaii Occupational Safety and Health framework.
  • Clarify and expand regulatory authority and processes for workplace safety standards.
  • Improve protection for employees from unsafe equipment and practices, with enhanced enforcement and recourse.

Key provisions and changes

  1. Definitions

    • Repeals the definitions of “hoisting machine” and “hoisting machine operator,” removing those prior definitions from §396-3.

  2. Administration and standards ( §396-4 )

    • The Department of Labor and Industrial Relations (or the applicable state department) remains responsible for administering occupational safety and health standards statewide.
    • The department must:
      • Prescribe and enforce rules under chapter 91 as needed.
      • Report to the U.S. Secretary of Labor as federal law requires.
      • Adopt, amend, or repeal standards following rules; may issue emergency temporary standards without full Chapter 91 compliance or hearings to address immediate danger. Emergency standards are effective for up to six months or until a permanent standard is adopted per Chapter 91.
      • Grant variances from standards. Variances may be approved if conditions ensure safe and healthful employment at least as safe as full compliance. Employers must notify employees of variance applications, and employees have opportunity to participate in hearings.
      • Permit reasonable time extensions for compliance with orders upon request.

  3. Hoisting machinery regulation

    • The department will regulate hoisting machines and their operators (language indicates ongoing regulatory responsibility).

  4. Employee protections and enforcement ( §396-8 )

    • Prohibits discharge or disciplinary actions against employees for exercising rights under the chapter, including refusal to operate unsafe equipment or to engage in unsafe practices.
    • Protects the anonymity of complainants if requested.
    • Prohibits retaliation against employees who file complaints or participate in related proceedings; outlines investigation and relief processes, including potential back pay, reinstatement, and restoration of seniority.
    • Investigations: employees have 60 days to file complaints; the director must investigate and issue a final determination, with timelines allowing for extensions if necessary (up to 90 days, plus possible 90-day extension and additional time with notice).

  5. Repeal of §396-19 (hoisting machine operators advisory board)

    • The statutory advisory board for hoisting machine operators is repealed. This section is removed; the new framework appears to shift regulatory authority from the advisory board to broader departmental rulemaking and enforcement processes.

  6. Effective date

    • This act takes effect on July 1, 2026.

Who and what is affected

  • State employees and employers across Hawaii subject to occupational safety and health standards.
  • Employers seeking variances or dealing with emergency standards related to workplace hazards.
  • Hoisting machines and their operation, due to regulatory changes and the removal of prior advisory board structure in favor of department-level regulation.
  • Employees asserting rights under the occupational safety and health law (with expanded protections against retaliation).

Procedural and timeline aspects

  • Emergency standards: May be adopted without full Chapter 91 compliance; effective up to six months.
  • Variances: Applications must follow department rules; includes notice to employees and opportunity for hearings.
  • Complaint process: 60-day filing window for discrimination complaints; 90-day timeline for final determinations, with possible 90-day extensions and further extensions as needed.
  • Effective date: July 1, 2026.
  • Repeal/additional rulemaking: Shifts certain governance from an advisory board to department-administered rules.

Notable details

  • Specific changes to hoisting machine definitions and the removal of the hoisting machine operators advisory board indicate a shift toward centralized departmental regulation rather than a stand-alone advisory body.
  • The act emphasizes emergency standards for immediate risk and formal processes for variances and enforcement to ensure employee safety and recourse.

If you’d like, I can extract any specific sections or provide a comparison with prior law to highlight the exact deltas.

Compiled from official sources — confirm details with the bill’s official record.

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