REPORT TITLE:
Occupational Safety and Health


DESCRIPTION:
Clarifies provisions on public disclosure of inspection records
and investigative reports; limits testimony by enforcement
personnel.  (HB2557 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2557
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO OCCUPATIONAL SAFETY AND HEALTH.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 396-14, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�396-14  [Evidence.  No record or determination of any
 
 4 administrative proceeding under this chapter or any statement or
 
 5 report of any kind obtained, received, or prepared in connection
 
 6 with the administration or enforcement of this chapter shall be
 
 7 admitted or used, whether as evidence or as discovery, in any
 
 8 civil action growing out of any matter mentioned in the record,
 
 9 determination, statement, or report other than an action for
 
10 enforcement or review under this chapter.]  Disclosure.  (a)
 
11 Except for proceedings under this chapter, inspection and
 
12 investigatory records prepared or compiled to enforce or
 
13 administer this chapter shall not be disclosed while such
 
14 proceedings are pending or ongoing.
 
15      (b)  The identity of witnesses and confidential sources
 
16 shall not be disclosed.
 
17      (c)  Any employee of the department acting within the scope
 
18 of the employee's office, employment, or authority under this
 
19 chapter shall not testify in proceedings other than those to
 
20 enforce or administer this chapter."
 

 
Page 2                                                     2557
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      SECTION 2.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval.