Haw. Code R. § 12-51-17 - Modification of correction period

(a) An employer may petition for a modification of the correction date when a good-faith effort to comply with the correction requirements of a citation has been made and when correction has not been completed because of factors beyond the reasonable control of the employer.

(b) The petition shall be postmarked or if not mailed, received by the director no later than the close of the next business day following the date on which correction is required. If not mailed, the date of receipt by the director shall be the date stamped on the petition by the director. The petition may be filed at a later date, if exceptional circumstances and good cause are shown.

(c) The written petition shall include:

(1) All steps taken to achieve compliance within the correction period;

(2) Specific additional time needed;

(3) Reasons additional time is necessary;

(4) Interim steps taken to safeguard employees against the cited hazards; and

(5) Certification that a copy of the petition has been posted and, if appropriate, provided to the designated representative of affected employees.

(d) The petition shall be posted for ten days along with the original citation that was posted according to the requirements in section 12-51-16.

(e) The director shall issue an order either affirming or modifying the correction time requirement.

Notes

Haw. Code R. § 12-51-17

[Eff. 7/12/82; am 8/15/87; am 8/10/95; am 11/16/96; am 4/11/98] (Auth: HRS § 396-4) (Imp: HRS § 396-4)