Haw. Code R. § 12-51-16 - Posting of citations

(a) Upon receipt of any citation under the law, the employer shall immediately post an unedited copy of the citation, at or near each place an alleged violation referred to in the citation occurred, except as specified in subsection (b) below.

(b) Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged violation, the unedited citation shall be posted in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities that are physically dispersed, the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location, the citation shall be posted at the location from which the employees operate to carry out their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material.

(c) A copy of each citation shall remain posted until the violation has been corrected, or for three working days, whichever is later. The filing by the employer of a petition to contest under section 12-51-19 shall not affect the employer's posting responsibility under this section unless and until the appeals board issues a final order vacating the citation.

(d) An employer who appeals a citation to the director shall post the petition for contest in the same location where the citation is posted, and the petition shall explain the reasons for the contest. The employer may also indicate that specified steps have been taken to correct the violation.

(e) Any employer failing to comply with this section shall be subject to citation and penalty in accordance with the law.

Notes

Haw. Code R. § 12-51-16

[Eff. 7/12/82; am 8/15/87; am 8/10/95] (Auth: HRS § 396-4) (Imp: HRS §§ 396-4, 396-10)