§396-3  Definitions.  When used in this
chapter:



"Appeals board" means the Hawaii
labor relations board.



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



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



"Department" means the department of
labor and industrial relations.



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



"Employee" means every natural person
who is required or directed or permitted or suffered by any employer to engage
in any employment, or to go to work or be at any time in any place of
employment.



"Employee of the State" includes
officers and employees of the department of labor and industrial relations, and
persons acting in behalf of the department in an official capacity, whether
temporarily or with or without compensation.



"Employer" means:



(1)  The State and every state agency;



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



(3)  Every person which has any natural person in
service;



(4)  The legal representative of any deceased
employer;



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



"Employment" includes the carrying on
of any trade, business, occupation, or work, including all excavation,
demolition, and construction work, or any process or operation in any way
related thereto, in which any person is engaged to work for hire except
domestic service in or about a private home.



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



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



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



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



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



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



"Serious violation" means a violation
that carries with it a substantial probability that death or serious physical
harm 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 the
exercise of reasonable diligence, have known of the presence of the violation.



"Wilful violation" means a voluntary
act or omission by the employer, as distinguished from an accidental act or
omission, that is done with intentional disregard of, or plain indifference to,
any standard, rule, citation, or order issued under the authority of this
chapter.  A wilful violation does not require a showing of malicious intent or
bad 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 the
employer 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.