Field Operations Manual (FOM)

DIRECTIVE NUMBER: CPL 02-00-159

SUBJECT: Field Operation Manual (FOM)

EFFECTIVE DATE: April 15, 2016

ABSTRACT

Purpose:	To provide Hawaii Occupational Safety and Health Division (HIOSH), OSHA State Plan program with policy and procedures concerning the enforcement of occupational safety and health standards. Also this instruction provides current information and ensures occupational safety and health standards are enforced with uniformity.
Scope:	HIOSH-wide
References:	Chapter 396, Hawaii Revised Statutes (HRS) (Hawaii Occupational Safety and Health Law) Title 12, Subtitle 8, Parts 1 – 8 Hawaii Administrative Rules (HAR)
Cancellations:	HIOSH Field Operations Manual (FOM) dated 1/2/1992, and revised on 9/19/2002.
Action Offices:	All compliance branches and support staff.
Originating Agency:	OSHA. States must comply with same or similar.

By and under the Authority of the

HIOSH Administrator

Executive Summary

This Instruction cancels and replaces the prior [1/2/1992, rev. 9/19/2002] version of the HIOSH Field Operations Manual. This Instruction constitutes HIOSH’s general enforcement policies and procedures manual for use by the compliance branches and support staff in conducting inspections, issuing citations, and proposing penalties.

Significant Changes:

• Clarifies that “critical inspections,” for consultation visits in progress, may include referrals (Chapter 2 Section VI.G.2.a.).
• Clarifies that compliance officers are to present their credentials whenever they make contact with management representatives, employees, or organized labor representatives while conducting inspections (Chapter 3 Section IV.B.1).
• Added language related to Workplace Violence in Chapter 3, Section II, Inspection Planning
• Added language related to the Occupational Injury and Illness Recording and Reporting Requirements – NAICS Update and Reporting Revisions in Chapter 3, Section V.A.6., Chapter 4 Section I.C, Chapter 6 Section X.D., Chapter 11 Section II.N.3. and Chapter 13 Section I.D.1.c.
• Changes inspection delay period to await arrival of employer representative from 1 hour to 45 minutes (Chapter 3, Section IV.B.3.).
• Clarifies that although employers have four hours to provide recordkeeping records, compliance officers are to begin the walkaround inspections as soon as the opening conference is completed (Chapter 3 Section V.A.5).
• Added language relating to Safety Incentive Programs in Chapter 3 Section VI., Review of Records.
• Revised language related to Repeated Violations, from three to five years in Chapter 4 Section VII. Obtaining Inspection History.
• Clarifies final order dates for repeated violations (Chapter 4 Section VII.G.2.)
• Clarifies that when the proposed penalty for a posting violation would amount to less than $250, a $250 penalty shall be proposed (Chapter 6, Section II.C.4.).
• Revised HIOSH Penalty policy in Chapter 6, Section III, Penalty Adjustment Factors.
• Revised language to time limitation and final order in Chapter 6, Section III, Penalty Adjustment Factors.
• Revised how Penalty Adjustment Factors are applied – History Reduction, History Increase, Good Faith, and Size. That these factors are to be applied Serially as opposed to Additive, and adds new Penalty Comparison Chart in Chapter 6, Section III., Penalty Adjustment Factors.
• Clarifies that for purposes of repeated violations, the penalty increase factors for small and large employers is based on total number of employees nationwide (Chapter 6, Section V.B.).
• Clarifies that only the penalty reduction factor for “Size” shall apply when proposing penalties for any §12-51-22, HAR, Abatement Verification Regulation (OSHA 1903.19) violations (Chapter 6, Section X.C.)
• Revised section on Petitions for Modification of Abatement Dates to include “interim” approvals pending objection by the employee or employee representative (Chapter 7 Section III.).
• Revised Electronic Complaints in Chapter 9, Electronic Complaints Received via the OSHA Public Website.
• Clarifies the definitions of formal and non-formal complaints, and referrals (Chapter 9 Section I.A.).
• Clarifies and modifies the Criteria Warranting an Inspection (Chapter 9, Section I.C.).
• Added language in Chapter 11, Section II, Fatality and Catastrophe Investigations.
• Added language in Chapter 11 Section II.G., Families of Victims.
• Addressed the application of the Severe Violator Enforcement Program in Chapter 11, Section II.M.2, Severe Violator Enforcement Program.
• Adds internal audit procedures for fatality/catastrophe investigations, in Chapter 11, Section II.L.
• Adds information on the Hawaii Uniform Information Practices Act (UIPA) with regard to requests for information in Chapter 16.
• Adds new Chapter 17, Preemption by Other Agencies.

Disclaimer

This manual is intended to provide instruction regarding some of the internal operations of the Hawaii Occupational Safety and Health Division, and is solely for the benefit of the Hawaii State Government. No duties, rights, or benefits, substantive or procedural, are created or implied by this manual. The contents of this manual are not enforceable by any person or entity against the Hawaii Department of Labor and Industrial Relations or the State of Hawaii. Statements which reflect current Occupational Safety and Health Review Commission or court precedents do not necessarily indicate acquiescence with those precedents. Moreover, practices and procedures developed by the U.S. Occupational Safety and Health Administration (OSHA) from their interpretation of their equivalent manual may not be binding on the State of Hawaii.

Table of Contents

Chapter	Title	Last Revised
1	Introduction	April 15, 2016
2	Program Planning	April 15, 2016
3	Inspection Procedures	April 15, 2016
4	Violations	April 15, 2016
5	Case File Preparation and Documentation	April 15, 2016
6	Penalties and Debt Collection	April 15, 2016
7	Post-Citation Procedures and Abatement Verification	April 15, 2016
8	Settlements	April 15, 2016
9	Complaint and Referral Processing	April 15, 2016
10	Industry Sectors	April 15, 2016
11	Imminent Danger, Fatality, Catastrophe, and Emergency Response	April 15, 2016
12	Specialized Inspection Procedures	April 15, 2016
13	Federal Agency Field Activities [Not applicable to HIOSH]	April 15, 2016
14	Health Inspection Enforcement Policy [Not applicable to HIOSH]	April 15, 2016
15	Legal Issues	April 15, 2016
16	Disclosure Under the Hawaii Uniform Information Practices Act (UIPA)	April 15, 2016
17	Preemption by Other Agencies	April 15, 2016