HAR §12-51-14. Citations

(a) The director shall review the inspection report of the safety and health compliance officer. If, on the basis of the report, the director believes that the employer has violated a requirement of the law, of any standard, rule, or order adopted under the law, or of any substantive rule published in this chapter, the director may consult with the attorney general and shall issue a citation to the employer. A citation shall be issued even though, after being informed of an alleged violation by the safety and health compliance officer, the employer immediately corrects or initiates steps to correct the alleged violation. Any citation shall be issued by the department with reasonable promptness after completion of the closing conference stipulated by section 12-51-7(e). (b) Any citation shall describe with particularity the nature of the alleged violation, including a reference to the law, standard, rule, or order alleged to have been violated. Any citation shall also fix a reasonable time for the correction of the alleged violation. (c) If a citation is issued for a violation alleged in a request for inspection under section 12-51-11(a) or a notification of violation under section 12-51-11(c), a copy of the citation shall also be sent to the employee or the designated representative who made the request or notification. Also, if a complaint-initiated inspection did not reveal a violation, a notice shall be sent to the complainant. (d) After an inspection, if the director determines that a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under section 12-51-11(a) or a notification of violation under section 12-51-11(c), the informal review procedures in section 12-51-12(a) shall be applicable. After considering all views presented, the director shall uphold a prior determination, order a reinspection, or issue a citation, if it is believed that the inspection disclosed a violation. (e) Every citation shall state that the issuance of a citation does not constitute a finding that a violation of the law has occurred unless there is a failure to contest or unless, if contested, the citation is affirmed by the appeals board. (f) No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless: (1) (A) The employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations, and (B) The employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or (2) (A) The employee is directed by the employer to perform rescue activities in the course of carrying out the employee's job duties, and (B) The employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or (3) (A) The employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable, such as a workplace operation where employees are located in confined spaces or trenches, handle hazardous waste, respond to emergency situations, perform excavations, or perform construction over water; and §12-51 9 (B) The employee has not been designated or assigned to perform or assist in rescue operations and voluntarily elects to rescue an individual; and (C) The employer has failed to instruct employees not designated or assigned to perform or assist in rescue operations of the arrangements for rescue, not to attempt rescue, and of the hazards of attempting rescue without adequate training or equipment. (4) For purposes of this policy, the term "imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious physical harm before the condition or practice can be abated. [Eff. 7/12/82; am 8/15/87; am 1/26/96] (Auth: HRS §396-4) (Imp: HRS §396-4)