Every employer to which chapter 396, HRS, applies is required to furnish, to its employees, employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees. The law also requires that employers comply with occupational safety and health standards adopted under the law, and that employees comply with standards, rules, and orders issued under the law which are applicable to their actions and conduct. The law authorizes the department to conduct inspections and to question privately employers and employees in connection with investigation, enforcement and inspection activities. The law provides for adjudication of violations, periods prescribed for the correction of violations, and proposed penalties by the appeals board, if contested by an employer or by an employee, or designated representative of the employees, and for judicial review. The purpose of this chapter is to prescribe rules and to set forth general policies for enforcement of the inspection, citation, and proposed penalty requirements of the law. In situations where this chapter sets forth general enforcement policies rather than substantive or procedural rules, the policies may be modified in specific circumstances where the director determines that an alternative course of action would better serve the objectives of the law.
Haw. Code R. § 12-51-1