Chapter 1 – Introduction

I. Purpose.

This Instruction implements the HIOSH Field Operations Manual (FOM), and replaces the prior (1/2/1992, rev 9/19/2003) version. The FOM is an enforcement policies and procedures manual that provides the compliance branches a reference document for identifying the responsibilities associated with the majority of their inspection duties.

II. Scope.

This Instruction applies to the OSH branches of HIOSH, i.e., all HIOSH Branches with the exception of Boiler and Elevator Inspection Branch.

III. References.

1. Chapter 396, Hawaii Revised Statutes, the Hawaii Occupational Safety and Health Law.
2. Chapter 1, Hawaii Revised Statutes, Common Law, Construction of Laws
3. Chapter 92F, Hawaii Revised Statutes, Hawaii Uniform Information Practices Act
4. Title 12, Subtitle 8, Hawaii Administrative Rules, Hawaii Occupational Safety and Health Standards
5. Title 33, Hawaii Revised Statutes, Rules of Evidence
6. Title 38 of the Hawaii Penal Code, Procedural and Supplementary Provisions
7. Title 29 United States code 651, Occupational Safety and Health Act of 1970
8. 29 Code of Federal Regulations 1903, Inspections, Citations, and Proposed Penalties
9. 29 Code of Federal Regulations 1904, Recording & Reporting Occupational Injuries and Illnesses
10. 29 Code of Federal Regulations 1908, Consultation Agreements
11. 29 Code of Federal Regulations 1910, Occupational Safety and Health Standards.
12. 29 Code of Federal Regulations 1913, Rules Concerning OSHA Access to Employee Medical Records
13. 29 Code of Federal Regulations 1915, Occupational Safety and Health Standards for Shipyard Employment
14. 29 Code of Federal Regulations 1917, Marine Terminals
15. 29 Code of Federal Regulations 1918, Safety and Health Regulations for Longshoring
16. 29 Code of Federal Regulations 1926, Safety and Health Standards for Construction
17. 29 Code of Federal Regulations 1928, Occupational Safety and Health Standards for Agriculture
18. Guideline on HIOSH Accident Investigations, dated December 27, 2011.
19. Focused Inspections in General Industry, dated September 19, 2001, revised January 30, 2003
20. OSHA Instruction CPL 02-01-028 (formerly CPL 2-1.28A), Compliance Assistance for the Powered Industrial Truck Operator Training Standards, November 30, 2000, adopted by HIOSH on February 7, 2001.
21. OSHA Instruction CPL 02-00-051 (formerly CPL 2-0.51J), Enforcement Exemptions and Limitations under the Appropriations Act, May 28, 1998, adopted by HIOSH on May 28, 1998.
22. OSHA Instruction CPL 02-00-080 (formerly CPL 2.80), Handling of Cases to be Proposed for Violation-By-Violation Penalties, October 21, 1990, adopted by HIOSH on October 5, 1994 and revised on March 1,1996.
23. OSHA Instruction CPL 02-00-094 (formerly CPL 2.94), OSHA Response to Significant Events of Potentially Catastrophic Consequences, July 22, 1991, adopted by HIOSH on October 6, 1994
24. OSHA Instruction CPL 02-00-098 (formerly CPL 2.98), Guidelines for Case File Documentation for use with Videotapes and Audiotapes, October 12, 1993, adopted by HIOSH on December 20, 1993.
25. OSHA Instruction CPL 02-00-111 (formerly CPL 2.111), Citation Policy for Paperwork and Written Program Requirement Violations, November 27, 1995, adopted by HIOSH on January 19, 1996
26. OSHA Instruction CPL 02-00-158, Inspection Procedures for the Respiratory Protection Standard, June 26, 2014, adopted by HIOSH on [Insert date]
27. OSHA Instruction CPL 02-00-125, Home-Based Worksites, February 25, 2000, incorporated in this FOM in Chapter 12, Section III.
28. OSHA Instruction CPL 02-00-135, Recordkeeping Policies and Procedures Manual (RKM), December 30, 2004, adopted by HIOSH on [Insert date]
29. OSHA Instruction CPL 02-00-157, Shipyard Employment “Tool Bag” Directive, April 1, 2014, adopted by HIOSH on [Insert date]
30. OSHA Instruction CPL 02-00-154, Longshoring and Marine Terminals “Tool Shed” Directive, July 31, 2012, adopted by HIOSH on August 31, 2012.
31. OSHA Instruction CPL-02-00-153, Communicating OSHA Fatality Inspection to a Victim’s Family, April 17, 2012, adopted by HIOSH on October 1, 2012.
32. OSHA Instruction CPL 02-00-151, 29 CFR Part 1910, Subpart T – Commercial Diving Operations, June 13, 2011, adopted by HIOSH on September 26, 2011
33. OSHA Instruction CPL 02-00-149, Severe Violator Enforcement Program (SVEP), June 19, 2010, adopted by HIOSH on May 1, 2016.
34. OSHA Instruction CPL 02-01-055, Maritime Cargo Gear Standards and 29 CFR Part 1919 Certification, September 30 2013, and adopted by HIOSH on [Insert
35. date]
36. OSHA Instruction CPL 02-01-051, 29 CFR Part 1915, Subpart B, Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment May 20, 2011, adopted by HIOSH on September 20, 2011.
37. OSHA Instruction CPL 02-01-047, OSHA Authority Over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and the Outer Continental Shelf (OCS), February 22, 2010 (Not adopted by HIOSH, reference only)
38. OSHA Instruction CPL 02-01-049, 29 CFR Part 1915, Subpart I, Enforcement Guidance for Personal Protective Equipment (PPE) in Shipyard Employment, November 4, 2010, adopted by HIOSH on September 20, 2011.
39. OSHA Instruction CPL 02-02-035, 29 CFR 1910.95(b)(1), Guidelines for Noise Enforcement; Appendix A, December 19, 1983. [Not adopted by HIOSH, Reference only]
40. OSHA Instruction CPL 02-02-09, Inspection Procedures for the Hazard Communication Standard (HCS 2012), July 9, 2015, adopted by HIOSH on [Insert date]
41. OSHA Instruction CPL 02-02-043, Chemical Sampling Information (CSI) Web page, July 1, 1991 [Not adopted by HIOSH, reference only].
42. OSHA Instruction CPL 02-02-054, Respiratory Protection Program Guidelines, July 14, 2000, [Not adopted by HIOSH, Reference Only].
43. OSHA Instruction CPL 02-02-043, Chemical Information Manual, July 1, 1991. [Not adopted by HIOSH, Reference Only]
44. OSHA Instruction CPL 02-02-063, Inspection Procedures for Occupational Exposure to Asbestos Final rule 29 CFR Parts 1910.1001, 1926.1101, 19151001, January 9, 1996, adopted by HIOSH o December 15, 1995.
45. OSHA Instruction CPL 02-02-072, Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records, August 22, 2007, adopted by HIOSH on December 19, 2007.
46. OSHA Instruction CPL 02-02-073, Inspection Procedures for 29 CFR 1910.120 and 1926.65, Paragraph (q): Emergency Response to Hazardous Substance Releases, August 27, 2007, adopted by HIOSH on December 11, 2007.
47. OSHA Instruction CPL 02-02-074, Inspection Procedures for the Chromium (VI) Standards, January 24 2008, adopted by HIOSH on April 14, 2008.
48. OSHA Instruction CPL 02-02-076, National Emphasis Program – Hexavalent Chromium, February 23 2010, adopted by HIOSH on November 14, 2011 VV. OSHA Instruction CPL 03-00-010, Petroleum Refinery Process Safety
49. Management National Emphasis Program, August 18, 2009, adopted by HIOSH on October 1, 2009.
50. OSHA Instruction CPL 03-00-007, National Emphasis Program – Crystalline Silica, January 24, 2008, adopted by HIOSH on September 8, 2008.
51. OSHA Instruction CPL 03-00-008, Combustible Dust National Emphasis Program (Reissued), March 11, 2008, adopted by HIOSH on April 4, 2008.
52. OSHA Instruction CPL 03-00-009, National Emphasis Program – Lead, August 14, 2008, adopted by HIOSH on November 21, 2008
53. OSHA Instruction CPL 04-00-001 (formerly CPL 2-0.102A), Procedures for Approval of Local Emphasis Programs (LEPs), November 10, 1999, adopted by HIOSH on December 9, 1999.
54. OSHA Instruction CSP 02-00-003, Consultation Policies and Procedures Manual, November 19, 2015, adopted by HIOSH on March 1, 2016.
55. OSHA Instruction CSP 03-01-003, Voluntary Protection Programs (VPP) Policies and Procedures Manual, April 18, 2008, adopted by HIOSH on July 1, 2014.
56. OSHA Instruction CSP 03-02-003, OSHA Strategic Partnership Program for Worker Safety and Health, November 6, 2013, adopted by HIOSH on [Insert date].
57. OSHA Instruction HSO 01-00-001, National Emergency Management Plan (NEMP), dated December 18, 2003. [Not adopted by HIOSH, Reference Only]
58. OSHA Instruction IRT 01-00-007, The IMIS Enforcement Data Processing Manual for Use with the NCR Computer System, dated September 20, 1993.
59. OSHA Instruction TED 01-00-015, OSHA Technical Manual, January 20, [Not adopted by HIOSH, Reference Only]
60. Frank Diehl Farms v. Secretary of Labor, 696 F.2d 1325 (11th Cir. 1983).
61. Int. Union UAW v. General Dynamics Land Systems Division, 815 F. 2d 1570 (D.D. Cir. 1987)
62. Marion Stevens dba Chapman & Stephens Company, 5 BNA OSHC 1395 (No.13535, 1977).
63. Darragh Company, 9 BNA OSHC 1205, (Nos. 77-2555, 77-3074, and 77- 3075, 1980).
64. J.C. Watson Company, 22 BNA OSHC 1235 (Nos. 05-0175 and 05-0176,
    2008).
65. Chao v. Mallard Bay Drilling, Inc., 212 F. 3d 898, (534 U.S. 235, 2002)

IV. Cancellations.

1. HIOSH Field Operations Manual (FOM) dated 1/2/1992, and revised on 9/19/2002.
2. CPL 02, Covered Chemical Facilities National Emphasis Program, October 1, 2007
3. OSHA Instruction CPL 02-00-124 (formerly CPL 2-0.124), Multi-Employer Citation Policy, December 10, 1999, adopted by HIOSH on January 7, 2000 and now incorporated into Chapter 12, Section I of this FOM.
4. CPL 02-00-140, Complaints Policy and Procedures, September 20, 2007
5. CPL 02-00-145, Enhanced Enforcement Program (EEP), August 14, 2009
6. CPL 2-1.20, OSHA/U.S. Coast Guard Authority Over Vessels, February 7, 1997
7. CPL 2-2, Guideline on Indoor Air Quality, November 26, 1990
8. CPL 2-2.50, Guideline on Information Dissemination System for Chemical Industry Programs, November 26, 1990
9. CPL 2.39 CH-1, Criminal/Willful Investigations, March 4, 1982
10. CPL 2.42 CH-1, Mine Safety and Health Jurisdiction in State-Plan States, April 7, 1983
11. CPL 2.77 Guideline on Critical Fatality/Catastrophe Investigation Factors, March 30,1987
12. CPL 2.89, Guideline on Incorporating Family of Victims in Fatality Investigations, November 26, 1990
13. Guideline for Handling Violations Found During an Inspection of a Misidentified Establishment, dated October 1, 1999
14. HIOSH Recognition and Exemption Program, dated July 17, 2001
15. Latex Gloves, dated August 16, 2001
16. N.O. Memo, Guideline on Recording of Hearing Loss and Cumulative Trauma Disorders (CTDs) on the OSHA 200 Log (N.O. Memo 6/4/1991), August 14, 1991
17. Memo, Guidelines to Construction Officers for Programmed Construction Inspections, Construction Safety Referral Inspections, and Construction Fatality or Complaint Inspections (Memorandum 1/11/95, rev of 8/22/94), May 24 1995, Rev. September 4, 1996, and January 30, 2003
18. Guideline on Non-Profit Corporations, October 21, 1992
19. Guideline on Current Permanent Variances, July 20, 1994
20. Guideline on Procedure for Handling Violations Found During an Inspection of a Misidentified Establishment, October 1, 1999
21. HIOSH Recognition and Exemption Program, July 17, 2001
22. Latex Gloves, August 16, 2001
23. CPL 02-00-143, Commercial Diving Operations (29 CFR 19110, Subpart T), August 23, 2007
24. CPL 2-0.114, Abatement Verification Regulation, 29 CFR 1903.19 – Enforcement Policies and Procedures, July 21, 1998
25. CPL 2-0.131 Recordkeeping, February 5, 2002 (update with new version)
26. CPL 2-1, Steel Erection 99-1, February 19, 1999
27. CPL 2-2.30, Authorization of Review of Medical Opinions, May 24, 1995
28. CPL 2-2.32, Authorization of Review of Specific Medical Information, May 24, 1995
29. CPL 2-2.33, Practice and Procedure Concerning Access to Employee Medical records – Procedures Governing Enforcement Activities, May 24, 1995
30. CPL 2.105, Special Emphasis Program: Lead in Construction, April 4, 1996
31. CPL 2.60A, Guideline on Asbestos-Related Inspections, September 28, 1998

V. Action Information

A. Responsible Office

Administrator

B. Action offices

All HIOSH Branches: Occupational Safety, Occupational Health, Consultation and Training, and Administration and Technical Support.

VI. State Impact

Hawaii has adopted a Field Operations Manual (FOM) that is substantially similar in policy to OSHA, with the exception of unique differences due to State law and office
structure.

VII. Significant Changes

Throughout the revised FOM, specific activities related to Legal Issues, Post-Citation Procedures and Abatement Verification, Settlements, and Specialized Inspection
Procedures have been separated out to its specific chapters.

• Updated Chapter 1. Introduction
• Updated Chapter 2. Program Planning
• Updated Chapter 3. Inspection Procedures
• Updated Chapter 4. Violations
• Updated Chapter 5. Case File Preparation and Documentation
• Updated Chapter 6. Penalties and Debt Collection
• Updated Chapter 7. Post-Citation Procedures and Abatement Verification
• Updated Chapter 8. Settlements
• Updated Chapter 9. Complaint and Referral Processing
• Updated Chapter 10. Industry Sectors
• Updated Chapter 11. Imminent Danger, Fatality, Catastrophe and Emergency Response
• Updated Chapter 12. Specialized Inspection Procedures
• Updated Chapter 15. Legal Issues
• Updated Chapter 16. Disclosure under the Hawaii Uniform Inspection Practices Act (UIPA)
• Updated Chapter 17. Preemption by Other Agencies

VIII. Background

The HIOSH Field Operations Manual (FOM) was last revised on 9/19/2002, but the revisions were not comprehensive and did not incorporate many of the existing additional directives, memorandums, and interpretations, previously issued as Guidelines on Occupational Safety and Health (GOSH).

This Instruction, the HIOSH Field Operations Manual, CPL 02-00-159, incorporates and replaces the prior FOM and some of the subsequent directives and memoranda, and provides a single, updated source of instruction on general HIOSH enforcement policies and procedures.

The FOM is designed to be updated on a regular basis by amending chapters or sections thereof to embody modifications and clarifications to HIOSH’s general enforcement policies and procedures.

XI. Definitions and Terminology

A. The Law

This term refers to the Hawaii Occupational Safety and Health Law, Chapter 396, Hawaii Revised Statutes.

B. Compliance Safety and Health Officer (CSHO).

This term refers to both Occupational Safety & Health Compliance Officers (OSHCOs) and Environmental Health Specialists (EHSs).

C. He/She and His/Hers.

The terms he and she, as well as his or her, when used throughout this manual, are interchangeable. That is, male(s) applies to female(s), and vice versa.

D. Professional Judgment.

All HIOSH employees are expected to exercise their best judgment as safety and health professionals and as representatives of the State of Hawaii and the Hawaii
Department of Labor & Industrial Relations in every aspect of carrying out their duties.

E. Workplace and Worksite.

The terms workplace and worksite are interchangeable. Workplace is used more frequently in general industry, while worksite is more commonly used in the construction industry.