§396-3  Definitions.  When used in thischapter:

"Appeals board" means the Hawaiilabor relations board.

"Certified safety professional" meansan individual who is certified by the board of certified safety professionals.

"Dealer" means, for the purpose ofthe section concerning explosives, any person, corporation, partnership,association, association of dealers, or other form of business enterpriseengaged in the business of buying and selling explosives.

"Department" means the department oflabor and industrial relations.

"Director" means the director oflabor and industrial relations or the director's designee.

"Employee" means every natural personwho is required or directed or permitted or suffered by any employer to engagein any employment, or to go to work or be at any time in any place ofemployment.

"Employee of the State" includesofficers and employees of the department of labor and industrial relations, andpersons acting in behalf of the department in an official capacity, whethertemporarily or with or without compensation.

"Employer" means:

(1)  The State and every state agency;

(2)  Each county and all public and quasi-publiccorporations and public agencies therein;

(3)  Every person which has any natural person inservice;

(4)  The legal representative of any deceasedemployer;

(5)  Every person having direction, management,control, or custody of any employment, place of employment, or any employee.

"Employment" includes the carrying onof any trade, business, occupation, or work, including all excavation,demolition, and construction work, or any process or operation in any wayrelated thereto, in which any person is engaged to work for hire exceptdomestic service in or about a private home.

"Hoisting machine" means a machine witha hoist line, sling, or hydraulic lifting mechanism used in construction,demolition, or excavation work.

"Hoisting machine operator" means anyindividual who operates a hoisting machine in the State.

"Occupational safety and healthstandard" means a standard which requires conditions, or the adoption oruse of one or more practices, means, methods, operations, or processes,reasonably necessary or appropriate to provide safe or healthful employment andplaces of employment.

"Place of employment" means anyplace, and the premises appurtenant thereto, where employment is carried on.

"Safe" and "safety" asapplied to an employment or place of employment mean such freedom from dangerto employees as the nature of the employment reasonably permits.

"Safety device" and"safeguard" shall be given a broad interpretation so as to includeany practicable method of mitigating or preventing a specific danger.

"Serious violation" means a violationthat carries with it a substantial probability that death or serious physicalharm could result from a condition that exists, or from one or more practices,means, methods, operations, or processes that have been adopted or are in use,in a place of employment, unless the employer did not, and could not with theexercise of reasonable diligence, have known of the presence of the violation.

"Wilful violation" means a voluntaryact or omission by the employer, as distinguished from an accidental act oromission, that is done with intentional disregard of, or plain indifference to,any standard, rule, citation, or order issued under the authority of thischapter.  A wilful violation does not require a showing of malicious intent orbad motive. [L 1972, c 57, pt of §1; am L 1974, c 152, §1; am L 1975, c 50, §1;am L 1976, c 95, §1; am L 1977, c 179, §1; gen ch 1985; am L 1993, c 175, §1;am L 1997, c 347, §1; am L 1998, c 165, §3 and c 259, §§1, 2; am L 2002, c 104,§2]

 

Case Notes

 

  Employer must provide a safe place to work to whomever theemployer requires or permits to perform work on the employer's premises,including an employee of an independent contractor.  59 H. 53, 575 P.2d 1299.