Legislation Announcement 2026
Summary
Hawaii Legislature repeals the requirement that the Department of Labor and Industrial Relations regulate hoisting machines and certify their operators and the Hoisting Machine Operators Advisory Board, including its rules requiring a separate state crane operator certificate. Allows additional time for the Director of Labor and Industrial Relations to complete an investigation of a discharge or discrimination complaint pertaining to employees exercising rights under the Occupational Safety and Health Law without formal extension.
Dates
The law is effective July 1, 2026
For Further Information Contact:
For Press Inquires, General Information and Technical Inquiries: Contact Arthur Talaeai, HIOSH Administrator, Hawaii Occupational Safety and Health; telephone (808-586-9110); email: [email protected]
Background
Hoisting Machine
- §396-3 includes definitions for “Hoisting machine” and “Hoisting Machine Operator”.
- §396-4(a)(5) requires the Department to regulate hoisting machines and certify their operators.
- §396-19 (Act 165, SLH 1998) created the HMOAB composed of five members appointed by the Governor. The HMOAB is responsible for adopting rules for State certification of crane operators and is authorized to employ a 0.5 FTE position without regard to HRS Chapters 76 and 89.
The law establishing the HMOAB was enacted in 19981, before OSHA promulgated a federal standard for crane operators. At that time, OSHA had only begun considering updates to its crane and derrick regulations in response to a series of high-profile crane accidents in the early 1990s, and industry groups had been urging modernization for years. OSHA formally initiated a negotiated rulemaking process in 2003 by convening the Cranes and Derricks Advisory Committee (C-DAC). C-DAC completed a consensus draft in 2004, and OSHA subsequently published a proposed standard in 2008.
OSHA published the final Cranes and Derricks in Construction standard on August 9, 2010 (75 FR 48135). Although the 2010 rule included operator certification requirements, OSHA repeatedly delayed enforcement: first to 2014, then to 2017, and finally to 2018. This rulemaking process is widely regarded as one of the longest and most complex in OSHA’s history.
Whistleblower
- 396-8(e) prohibits retaliation (discharge or discrimination) against employees who report workplace hazards.
- Paragraph (7) of §396-8(e) requires the Director to notify an employee, within 90 days of the filing of a complaint, of the final determination and any subsequent action the department will take to resolve the complaint, unless the Director formally extends the response period.
Explanation
Hoisting Machine
During OSHA’s rulemaking process of the Cranes and Derricks in Construction standard, the HMOAB adopted its own rules (HAR §12-48) requiring certification of hoisting machine operators. As a result, Hawaiʻi law currently requires a State certification in addition to the certification mandated by OSHA under 29 C.F.R. §1926.1427. The Hawaiʻi certificate is not required by OSHA regulations, it is issued only after an operator already holds OSHA-compliant certification. This duplicative requirement adds paperwork, fees, and delays without providing any additional safety benefit.
Repealing §396-19 will eliminate the Board and its authority to require a separate state certificate, while OSHA’s rigorous national certification standards will continue to apply. This change streamlines governance and the administrative process. The amendments to §396-3 (SECTION 1) and §396-4 (SECTION 2) are complementary to the elimination of the Board.
Whistleblower
The proposed amendment to §396-8(e)(7) is consistent with the OSHA standard at 29 C.F.R. § 1977.16. This amendment ensures that the department can complete complex investigations that cannot reasonably be resolved within ninety days by allowing one additional ninety-day period without notice, and by requiring that any further extensions be made by the Director with notice to the employee explaining the additional time needed and the expected date of the final determination.
This amendment will provide the Director with adequate time to properly investigate whistleblower complaints and will give employees and employers clearer expectations regarding investigation timelines and resulting determinations.
Source: https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=2324&year=2026
- Act 165, SLH 1998 ↩︎
