STAND. COM. REP. 419

Honolulu, Hawaii

, 2003

RE: H.B. No. 385

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 385 entitled:

"A BILL FOR AN ACT RELATING TO THE PREVENTION OF WORKPLACE VIOLENCE,"

begs leave to report as follows:

The purpose of this bill is to prevent workplace violence.

Among other things, this bill:

(1) Establishes a new chapter that provides a simple and efficient mechanism for employers and employees to obtain judicial relief for the prevention of workplace violence; and

(2) Clarifies that the Circuit Court in the district in which the respondent resides has jurisdiction over the issuance of restraining orders under the chapter.

The Chamber of Commerce of Hawaii, Society for Human Resource Management, Hawaii Hotel Association, Shell Vacations Club, LLC, Shell Management Hawaii, Inc., Sheraton Kauai Resort, and a concerned citizen testified in support of this bill. The Department of Education, the Hawaii Government Employees Association, and Domestic Violence Clearinghouse testified in support of the intent of the measure. The Department of the Prosecuting Attorney of the City and County of Honolulu, ILWU Local 142, and Hawaii Insurers Council testified in opposition to this measure.

Workplace violence has become a growing concern across the nation, as well as in Hawaii. Violence and threats of violence permeate our society. Business must provide a safe workplace for its employees by keeping violence out of the workplace. This requires education, training, and prompt action when threats of violence are reported.

However, in 1972, in an effort to broaden the scope and jurisdiction of the Circuit Courts, statutory amendments were made which raised jurisdictional questions between the Circuit and District Courts regarding the issuance of restraining orders filed on behalf of corporations. Your Committee finds that this creates a problem in the workplace since the threat of violence against a particular individual at a workplace has consequences for the entire worksite.

Your Committee also understands the concerns raised by the Department of the Prosecuting Attorney of the City and County of Honolulu regarding the overly broad, complex, and imprecise language of this measure. The concerns raised by the Hawaii Insurers Council regarding the effects this measure would have on current workers' compensation laws are also valid.

Accordingly, your Committee has amended this bill by replacing its contents with amendments to section 604-10.5, Hawaii Revised Statutes, a section that authorizes the District Courts to enjoin, prohibit, or temporarily restrain harassment. As amended this bill:

(1) Entitles employers to obtain temporary restraining orders through procedures in the District Court;

(2) Clarifies that the law does not affect workers' compensation exclusivity; and

(3) Requires the employer, to the extent feasible, to attempt to consult with the employee or employees subject to harassment prior to petitioning for a temporary restraining order.

Other technical, nonsubstantive amendments were made for purposes of clarity, conformity, and style.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 385, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 385, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair