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 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES
Subchapter 1 - GENERAL
Section 12-57-1 - General requirements under section 396-8(e), HRS

Universal Citation: HI Admin Rules 12-57-1

Current through August, 2024

(a) No employer or person shall discharge or in any manner discriminate against any employee because the employee has:

(1) Filed any complaint under or related to the law;

(2) Instituted or caused to be instituted any proceeding under or related to the law;

(3) Testified or intends to testify in any proceeding under or related to the law;

(4) Exercised on their own behalf or on the behalf of others any right afforded by the law;

(5) Failed or refused to operate or handle any machine, device, apparatus, or equipment which is in any unsafe condition; or

(6) Failed or refused to engage in unsafe practices in violation of the Law or of any standard, rule, regulation, citation or order issued under the authority of the law.

(b) Any employee who believes that they have been discriminated against in violation of section 396-8(e), HRS, may, within sixty days after such alleged violation occurs, file a complaint with the director. The complaint must describe the facts and circumstances of the allegations.

(c) The director shall cause an appropriate investigation to be made after a complaint is properly filed.

(d) If the director determines that a violation of section 396-8(e), HRS, has occurred, the director shall issue an order granting the appropriate relief to the complainant, which may include:

(1) Rehiring of the employee, or

(2) Reinstatement of the employee to the employee's former position with back pay and the restoration of seniority; or

(3) Any other relief deemed appropriate by the director.

(e) The director may assess a civil penalty of not more than $1,000 for each violation of section 396-8(e), HRS.

(f) The director shall notify the complainant and the employer of the determination.

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