§396-10 - Violations and penalties.
§396-10 Violations and penalties. (a) Any employer who violates this chapter, or any occupational safety and health standard promulgated hereunder or any rule or regulation issued under the authority of this chapter, or who violates or fails to comply with any citation, notice or order made under or by virtue of this chapter or under or by virtue of any rule or regulation of the department, or who defaces, displaces, destroys, damages, or removes without the authority of the department any safety device, safeguards, notice or warning required by this chapter or any rule or regulation of the department may be assessed a civil penalty as specified in this chapter.
(b) Any employer who has received an order or citation for a serious violation of any standard or rule adopted pursuant to this chapter shall be assessed a civil penalty of not more than $7,000 for each violation.
(c) Any employer who has received an order or citation for a violation of any standard or rule adopted pursuant to this chapter, and the violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to $7,000 for each violation.
(d) Each day a violation continues shall constitute a separate violation except that during an abatement period only, no additional penalty shall be levied against the employer.
(e) Any employer who violates any of the posting requirements prescribed under this chapter shall be assessed a civil penalty of up to $7,000 for each violation.
(f) Any employer who wilfully or repeatedly violates this chapter, or any standard, rule, citation, or order issued under the authority of this chapter, shall be assessed a civil penalty of not less than $5,000 nor more than $70,000 for each violation.
(g) Any employer convicted of wilful or repeated violation of any standard, rule, citation, or order issued under authority of this chapter resulting in the death of an employee shall be punished by a fine of not more than $70,000 or by imprisonment for not more than six months or both, except that if the conviction is for a violation committed after a first conviction, punishment shall be by a fine of not more than $70,000 or by imprisonment for not more than one year or both. Failure to correct a violation for which an order or citation of arrest has been issued shall be evidence of wilful conduct.
(h) Any employer who has received an order for violation under section 396-8(e) may be assessed a civil penalty of not more than $1,000 for each violation.
(i) Any person who gives advance notice of any inspection to be conducted under this chapter, without authority from the director or the director's designees shall, upon conviction be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
(j) The director shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations.
(k) Civil penalties imposed under this chapter shall be paid to the department and may be recovered by civil action in the name of the department and the State brought in the district or circuit court for the circuit where the violation is alleged to have occurred or where the employer has its principal office.
(l) When an alleged violation of any provision of this chapter or any standard, rule, or order made thereunder has occurred, the department shall promptly issue a written citation, order, or notice thereof to the employer who shall be required to post the citation, order, or notice. The citation, order, or notice thereof shall include the abatement requirements and within a reasonable time the employer shall be advised of the proposed sanctions, including proposed penalties. Whenever reference is made to posting of any citation, order, notice, petition, decision, or any other type of document issued by the director under this chapter and rules adopted pursuant to this chapter, the employer shall post copies of the document at the work site involved or affected and at the place or places where notices to the employees involved are normally posted. Where posting starts the time for notice of action to or for appeal by employees under this chapter and rules adopted under this chapter, the document shall be posted by the employer upon receipt or on the next business day following receipt.
(m) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.
(n) Criminal offenses committed against any employee of the State acting within the scope of the employee's office, employment, or authority under this chapter shall be subject to the penalties set forth in the Hawaii Penal Code; provided that:
(1) Ten years shall be added to the maximum term of imprisonment (unless life imprisonment is imposed) and $50,000 shall be added to the maximum fine imposed for conviction of a class A felony;
(2) Five years shall be added to the maximum term of imprisonment and $25,000 shall be added to the maximum fine imposed for conviction of a class B felony;
(3) Three years shall be added to the maximum term of imprisonment and $10,000 shall be added to the maximum fine for conviction of a class C felony;
(4) One year shall be added to the maximum term of imprisonment and $2,000 shall be added to the maximum fine for conviction of a misdemeanor; and
(5) The maximum term of imprisonment and maximum fines prescribed for misdemeanors under the Hawaii Penal Code shall apply to convictions of a petty misdemeanor. [L 1972, c 57, pt of §1; am L 1974, c 152, §5; am L 1975, c 50, §4; am L 1976, c 95, §8; am L 1977, c 179, §3; gen ch 1985; am L 1992, c 94, §§1 to 3; am L 1993, c 175, §2]