(a) The department shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured as prescribed under the rules and regulations.
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Terms Used In Hawaii Revised Statutes 396-7

  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 396-3
  • 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. See Hawaii Revised Statutes 396-3
  • 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. See Hawaii Revised Statutes 396-3

(b) All employers shall prominently post information regarding hazards in the employer‘s workplace including information about suitable precautions, relevant symptoms, and emergency treatment in case of exposure, and where appropriate, medical examination at no cost to employees with the results of such medical examinations being furnished only to appropriate state officials, and if the employee so requests, to the employee’s own physician. Where possible, said information shall additionally be posted or labeled on or near said hazard. Where suitable protective equipment is available, all employers shall provide information concerning their availability and use to the affected employees including control or technological procedures with respect to such hazards including monitoring or measuring exposure.
(c) No employee shall be permitted regular exposure to any substance which may materially impair the employee’s health or functional capacity.
(d) All employers shall provide prompt information to employees when they have been or are being exposed to toxic materials and harmful physical agents in concentrations or at levels in excess of those prescribed in the applicable safety and health standards. This information may be fulfilled by:

(1) Observation by employees of the monitoring or measuring of such materials or agents;
(2) Employee access to the records of such monitoring or measuring after notice of exposure, and explanation of said monitoring or measuring procedures where necessary;
(3) In addition to the above, information shall be provided to the employees of corrective action being taken.
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