HAR §12-51-16
HAR §12-51-16. Posting of citations
Cite as Haw. Code R. § 12-51-16
(a) Upon receipt of any citation under
the law, the employer shall immediately post an unedited copy of the
citation, at or near each place an alleged violation referred to in the
citation occurred, except as specified in subsection (b) below.
(b) Where, because of the nature of the employer's operations, it is
not practicable to post the citation at or near each place of alleged
violation, the unedited citation shall be posted in a prominent place where
it will be readily observable by all affected employees.
For example, where
employers are engaged in activities that are physically dispersed, the
citation may be posted at the location to which employees report each day.
Where employees do not primarily work at or report to a single location, the
citation shall be posted at the location from which the employees operate to
carry out their activities.
The employer shall take steps to ensure that the
citation is not altered, defaced, or covered by other material.
(c) A copy of each citation shall remain posted until the violation has
been corrected, or for three working days, whichever is later.
The filing by
the employer of a petition to contest under section 12-51-19 shall not affect
the employer's posting responsibility under this section unless and until the
appeals board issues a final order vacating the citation.
(d) An employer who appeals a citation to the director shall post the
petition for contest in the same location where the citation is posted, and
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the petition shall explain the reasons for the contest.
The employer may
also indicate that specified steps have been taken to correct the violation.
(e) Any employer failing to comply with this section shall be subject
to citation and penalty in accordance with the law.
[Eff. 7/12/82;
am 8/15/87; am 8/10/95] (Auth:
HRS §396-4) (Imp:
HRS §§396-4, 396-10)