Bill Text: HI SCR144 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: HIOSH; Occupational Safety Program; Benchmark Levels; Construction Safety and Health Program Feasibility Study

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-04-16 - (H) Report adopted; referred to the committee(s) on FIN with none voting no and Har, Luke, Mizuno, Shimabukuro, Souki excused. [SCR144 Detail]

Download: Hawaii-2010-SCR144-Amended.html

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THE SENATE	S.C.R. NO.	144
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

URGING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO MEET OR EXCEED OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION POSITION BENCHMARKS FOR WORKPLACE SAFETY AND HEALTH AND CONDUCT A STUDY TO DETERMINE THE FEASIBILITY OF IMPLEMENTING A CONSTRUCTION SAFETY AND HEALTH PROGRAM IN THE STATE.

 

 

     WHEREAS, the State of Hawaii operates under an agreement with the Occupational Safety and Health Administration (OSHA) in accordance with Section 18 of the Occupational Safety and Health Act of 1970; and

 

     WHEREAS, the Department of Labor and Industrial Relations (DLIR) is the designated state agency to administer the program through the Hawaii Occupational Safety and Health Division (HIOSH); and

 

     WHEREAS, the Hawaii State Plan applies to all private and public sector employees and places of employment in the State other than federal employees, the United States Postal Service, private sector maritime employees, and land that is located exclusively within a federal jurisdiction, all of which are subject to federal OSHA jurisdiction; and

 

     WHEREAS, Hawaii has adopted the majority of federal OSHA standards verbatim; and

 

     WHEREAS, critics have questioned the accuracy of falling injuries and illnesses reported by the Bureau of Labor Statistics, and OSHA announced on October 1, 2009, that it instituted the National Emphasis Program on recordkeeping to check the accuracy of employer reporting, especially in the construction industry where it appears that incomplete reporting may be a serious and widespread problem; and

 

     WHEREAS, the United States Government Accountability Office cites academic studies, which suggest that OSHA misses up to two-thirds of all workplace injuries and illnesses; and

 

     WHEREAS, OSHA, due to the jurisdictional distinctions outlined above, is not an equivalent alternative to HIOSH, because OSHA does not cover public workers and does not fully replace State programs; and

 

     WHEREAS, the current DLIR staffing levels do not meet OSHA benchmark levels and despite this, the DLIR continues to reduce staffing levels and thereby jeopardize its ability to fulfill the mission of HIOSH, which exposes Hawaii workers to greater risk; and

 

     WHEREAS, workplace safety and health, which happens to be the mission of HIOSH, saves lives, prevents the loss of workers' livelihoods, prevents debilitated workers from losing time with their families and recreational endeavors, and reduces costs for employers and society in general; and

 

     WHEREAS, the State of California has implemented a construction safety and health program through which trained private individuals presenting credentials at a construction site are allowed onto the site to determine whether or not safety and health law are being violated; and

 

     WHEREAS, under the California construction safety and health program, information on potential violations on construction sites is submitted to California OSHA officials, who determine what course of action, if any, should then be taken; and

 

     WHEREAS, the Legislature finds that a similar construction health and safety program could benefit Hawaii's workers and the feasibility of implementing that program should be explored; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the DLIR is strongly urged to meet or exceed OSHA benchmark safety levels for Health Compliance Officers, Safety Compliance Officers, Safety Consultants, Health Consultants, Compliance Assistants, and other positions as required for HIOSH and the DLIR to fulfill its mission in workplace safety and health; and

 

     BE IT FURTHER RESOLVED that the DLIR is requested to perform a study to determine the feasibility of implementing a construction safety and health program in the State of Hawaii that is similar to California's program; and

 

     BE IT FURTHER RESOLVED that the DLIR is requested to report to the Legislature on its progress and plan to meet or exceed OSHA benchmark safety levels and on the feasibility of implementing a construction safety and health program in the State no later than twenty days before the convening of the 2011 Regular Session; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor of the State of Hawaii, the Director of Labor and Industrial Relations, the Director of Health, Director of Finance, the Director of Human Resources Development, and chairperson of the Hawaii Occupational and Safety Health Division Advisory Committee.

Report Title: 

HIOSH; Occupational Safety Program; Benchmark Levels; Construction Safety and Health Program Feasibility Study