REPORT TITLE:
Occupational Safety & Health


DESCRIPTION:
Clarifies when and what records may be disclosed to the public
including the availability of compliance inspectors and
investigatory records for civil cases.  (SD1)

 
a                                                               
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2898
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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)  No
 
11 record prepared or compiled as part of an enforcement or
 
12 administrative proceeding under this chapter may be disclosed
 
13 while that proceeding is pending or ongoing; provided that such
 
14 records may be disclosed in connection with that proceeding.
 
15      (b)  The identity of witnesses and confidential sources
 
16 shall not be disclosed.
 
17      (c)  No employee of the department acting within the scope
 
18 of the employee's office, employment, or authority under this
 
19 chapter shall testify in proceedings other than those to enforce
 
20 or administer this chapter."
 

 
a                                                               
Page 2                                                     2898
                                     S.B. NO.           S.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.
 

 
a