Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES
Section 12-51-4 - Objection to inspection

Universal Citation: HI Admin Rules 12-51-4

Current through August, 2024

(a) Upon a refusal to permit a safety and health compliance officer, in the exercise of official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, review records, or question any employer, owner, operator, agent, or employee, in accordance with section 12-51-3 or permit a designated representative of the employees to accompany the safety and health compliance officer during the physical inspection of any workplace, the safety and health compliance officer shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or interviews concerning that no objection is raised. The safety and health compliance officer shall endeavor to ascertain the reason for the refusal, and shall immediately report the refusal and the reason therefore to the director. The director shall promptly take action including compulsory process if necessary.

(b) Compulsory process shall be sought in advance of an attempted inspection or investigation if in the judgment of the director circumstances exist that make the pre-inspection process desirable or necessary. Some examples of circumstances in that it may be desirable or necessary to seek compulsory process in advance of an attempt to inspect or investigate include, but are not limited to, situations:

(1) When the employer's past practice either implicitly or explicitly indicated that a warrantless inspection will not be allowed;

(2) When an inspection is scheduled far from the local office and procuring a warrant prior to leaving to conduct the inspection would avoid, in case of refusal of entry, the expenditure of significant time and resources to return to the office, obtain a warrant, and return to the worksite; and

(3) When an inspection includes the use of special equipment or when the presence of an expert or experts is needed in order to properly conduct the inspection, and procuring a warrant prior to an attempt to inspect would alleviate the difficulties or costs encountered in coordinating the availability of the equipment or expert.

(c) Ex parte inspection warrants shall be the preferred form of compulsory process in all circumstances where compulsory process is relied upon to seek entry to a workplace under this section.

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