§371-7  Duties and powers of the department;rules, procedure for varying.  In addition to any other duties and powersas may be conferred upon the department of labor and industrial relations bylaw, the department shall:

(1)  File with the governor a written report orreports at times, at least once in each year, and in a form as shall berequested by the governor covering the condition and activities of thedepartment;

(2)  Make, modify, and repeal reasonable rules ofgeneral application for the protection of life, health, and safety of employeesin every employment or place of employment; provided that the rules shall notconflict with any rules of the department of health covering the same subjectmatter; provided further that rules pertaining to any workers' compensationcase arising under chapter 386 shall be adopted or amended as specified insection 386-72; and

(3)  Make, modify, and repeal such other reasonablerules of general application as may be necessary to carry into effect thischapter.

The rules of the department and any amendmentsthereto, when adopted in accordance with chapter 91, shall have the force andeffect of law and shall be enforced in the same manner as this chapter.

If there are practical difficulties orunnecessary hardships in carrying out a rule, the director of labor andindustrial relations, after public hearing, may make a variation from therequirement if the spirit of the rule is observed.  Any person affected by therule, or the person's agent, may petition for variation, stating the groundstherefor.  The director shall fix a day for a hearing on the petition and givereasonable notice thereof to the petitioner.  A properly indexed record of allvariations made shall be kept in the office of the department and shall be opento public inspection.

Any interested person may obtain a ruling as tothe validity or applicability of any rule in the manner provided in chapter 91.[L 1939, c 237, §1(9); RL 1945, §4112; am L 1951, c 23, §1; RL 1955, §88-13; amL Sp 1959 2d, c 1, §§19, 27; am L 1965, c 96, §63; HRS §371-7; gen ch 1985; amL Sp 2005, c 11, §2]

 

Cross References

 

  Annual reports, see §93-12.

  General authority and organization, see §26-20.