Haw. Code R. § 11-81-8 - Responsibility of owner, manager, operator, or employee

(a) An owner, manager, operator, or employee of an establishment regulated by chapter 328J, HRS, shall inform, persons violating chapter 328J, HRS, or this chapter, of the provisions of chapter 328J, HRS, and of this chapter.

(b) To inform a person who is violating chapter 328J, HRS, or this chapter, of the provisions of chapter 328J, HRS, and of this chapter, an owner, manager, operator, or employee of an establishment regulated by chapter 328J, HRS, shall:

(1) have posted signs that comply with section 328J-9, HRS, and section 11-81-4;

(2) inform the person that smoking is not permitted within the establishment and within 20 feet from entrances, exits, windows that open, and ventilation intakes that serve the establishment; and

(3) not state or imply that smoking is at the person's own risk or is otherwise allowable within the area described in subsection 11-81-8(b)(2) above.

(c) No owner, manager, operator, or employee of an establishment regulated by chapter 328J, HRS, shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by chapter 328J, HRS, or this chapter or reports or attempts to prosecute a violation of chapter 328J, HRS, or this chapter. For purposes of this section-, retaliation includes, but is not limited to: refusing service to a customer; requesting that employee, applicant, or customer to exit the establishment; contacting the police to eject that employee, applicant, or customer; taking the photograph of that employee, applicant, or customer without that person's prior written consent; or posting the photograph of that employee, applicant, or customer without that person's prior written consent.

Notes

Haw. Code R. § 11-81-8

[Eff SEP 06 2010] (Auth: § 328J-11) (Imp: §§ 328J-10, 328J-11, 328J-12)