Haw. Code R. § 12-10-2 - Negotiation for benefit coverage

(a) The collective bargaining agreement shall not deny workers' compensation benefits to any employee who would be eligible for workers' compensation benefits under chapter 386, HRS.

(b) The collective bargaining agreement shall not diminish the entitlement of an employee to compensation payments for benefits such as temporary total or partial disability, permanent total or partial disability, vocational rehabilitation, death benefits, funeral and burial benefits, benefit adjustments, or medical treatment fully paid by the employer.

(c) Provision for medical care and services and treatment plan and medical fee schedule requirements prescribed under sections 386-21 and 386-26, HRS, and related Hawaii administrative rules may be collectively bargained provided that reasonably needed medical care, services, and supplies, as the nature of the injury requires, are provided.

(d) Notwithstanding the medical fees provided by chapter 386 and related Hawaii administrative rules, fees for medical services may be collectively bargained.

(e) The special compensation fund established under section 386-151, HRS, and employers not a party to the collective bargaining agreements are not bound by provisions of the agreement. Disagreements involving the special compensation fund and employers not a party to the collective bargaining agreement will be resolved according to provisions under chapter 386, HRS.

(f) Employers, groups of employers, and appropriate bargaining units with approved collective bargaining agreements may be required to provide the director with data to assess the effectiveness and efficiency of such agreements. This data may include:

(1) Number of employees covered by the agreements;

(2) Number of claims filed;

(3) Average cost per claim;

(4) Names of injured employees subject to collective bargaining agreements; and

(5) Other pertinent information.

(g) Every employer, group of employers, or bargaining unit proposing to establish any program permitted under section 386-3.5, HRS, shall submit to the director at least ninety calendar days prior to the effective date of the collective bargaining agreement:

(1) A certified executed copy of the agreement signed and notarized by all parties;

(2) A listing of all employers subject to provisions of this agreement;

(3) Number of employees covered by the agreement; and

(4) Other pertinent information.

(5) Additions or deletions of employers subject to the collective bargaining agreement shall be filed with the director at least ten calendar days prior to the effective date of the addition or deletion.

(h) Any modifications to the approved collective bargaining agreement must be filed with the director for approval at least ninety calendar days prior to the effective date of the modification.

(i) The employer, group of employers, or bargaining unit shall notify the director in writing within ninety calendar days of intent to terminate the approved collective bargaining agreement. The employer, group of employers, or bargaining unit shall notify all employees covered under the collective bargaining agreement of the effective date of termination. The employer, group of employers, or bargaining unit shall also notify all employees with claims pending further action that their claims will be subject to the requirements of chapter 386, HRS, unless otherwise provided in the collective bargaining agreement.

(j) No compromise in regard to a claim for compensation covered by an approved collective bargaining agreement shall be valid unless it is approved by decision of the director as conforming to chapter 386, HRS, and made a part of the decision.

Notes

Haw. Code R. § 12-10-2

[Eff: 11/22/97] (Auth: HRS § 386-72) (Imp: HRS § 386-3.5)