HIOSH Whistleblower Investigation Manual (HWIM)
UNDER CONSTRUCTION
| DIRECTIVE NUMBER: CPL 02-03-011 |
| SUBJECT: Whistleblower HIOSH Investigation Manual (WHIM) |
| EFFECTIVE DATE: October 1, 2025 |
ABSTRACT
| Purpose: | This Instruction implements the HIOSH Discrimination (Whistleblower) Investigation Manual and supersedes the December 1, 2018, Instruction. These manual outlines procedures and other information relative to the handling of retaliation complaints under the Hawaii discrimination statute, §396-8(e), Hawaii Revised Statutes (HRS), and may be used as a ready reference. |
| Scope: | Hawaii Occupational Safety and Health – Statewide. |
| References: | §396-8(e), HRS Chapter 51, Hawaii Administrative Rules (HAR): Inspections, Citations, and Proposed Penalties. Subchapter 12: Inspection of Investigation not warranted; informal review. Chapter 57, Hawaii Administrative Rules (HAR): Discrimination Against Employees Exercising Rights Under Chapter 396, HRS. OSHA Instruction CPL 02-03-007, Whistleblower Investigations Manual, effective December 1, 2018. HIOSH 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 HIOSH 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. |
| Cancellations: | HIOSH Instruction Discrimination Investigation Manual dated September 1, 2016, CPL 02-03-002 Whistleblower Investigations Manual and any other previous version of the Discrimination (Whistleblower) Investigation Manual. |
| State Impact: | Notice of Intent, Adoption, and Submission of a Plan Change Supplement Required. See Chapter 1, Paragraph VI. |
| Action Offices: | All compliance branches |
| Originating Agency: | OSHA. States must comply with same or equivalent. |
Approval: By and Under the Authority of the HIOSH Administrator.
Executive Summary
This instruction cancels and replaces the prior [2018] version of the HIOSH Discrimination (Whistleblower) Investigation Manual. This instruction constitutes HIOSH’s general guidance regarding internal operations for Discrimination (Whistleblower) Investigations for the use by the compliance branches and support staff.
Significant Changes
- All letter/document templates were removed to avoid any confusion as templates are periodically updated.
- A section on Definitions, Acronyms, and Terminology has been added to encompass the general terms used in whistleblower investigations.
- In alignment with federal OSHA standards, HIOSH has implemented the legal principle of “reasonable cause” to guide the investigative process.
- The previously designated chapters for Settlement and Remedies have been separated into two distinct chapters: Chapter 6: Remedies and Chapter 7: Settlements.
- Integration of Electronic Case Files (ECF) is implemented to enhance case management and accessibility.
- Agency review and hearing procedures are established for cases of administrative closures that are contested by the Complainant.
- Clarification is provided regarding injury reporting as a protected activity.
- A section addressing prospective employers has been added.
- 89-day disposition letters are issued to facilitate the resolution and completion of investigations.
- Clarification regarding the inclusion of employer-employee settlement agreements in the file is provided, specifically addressing confidentiality concerns.
- The manual as a whole has been restructured such that Chapter 2 now collects and explains the legal concepts and principles that guide whistleblower investigations. Previously, these concepts were introduced throughout the manual.
- All references to the Administrator include the Administrator’s designee, except as otherwise noted. The Administrator’s responsibilities may be delegated to a Branch Manager, except as otherwise noted.
- Bilateral agreements will no longer be recognized by HIOSH.
- HIOSH will no longer impose punitive damages in consistent with the Hawaii Labor Relations Board (HLRB) decisions and interpretations of law.
Disclaimer
This manual is intended to provide guidance regarding some of the internal operations of the Hawaii Occupational Safety and Health Division (HIOSH) and is solely for the benefit of the State. 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 HIOH or the Department of Labor and Industrial Relations (DLIR). Statements which reflect current court precedents do not necessarily indicate acquiescence with those precedents.
Table of Contents
| Chapter | Title | Last Revised |
|---|---|---|
| 1 | Preliminary Matters | October 1, 2025 |
| 2 | Legal Principles | October 1, 2025 |
| 3 | Intake and Initial Processing of Complaints | October 1, 2025 |
| 4 | Conduct of the Investigation | October 1, 2025 |
| 5 | Case Disposition | October 1, 2025 |
| 6 | Remedies | October 1, 2025 |
| 7 | Settlements | October 1, 2025 |
| 8 | OSHA’s Role in HIOSH Whistleblower Cases | October 1, 2025 |
| 9 | Information Disclosure | October 1, 2025 |
