State job-safety regulation to be taken over by federal government

The federal government will temporarily take over workplace safety regulation from the state in some Hawaii industries due to shortcomings in oversight at the local level.

The two sides announced an agreement Wednesday in which the federal Occupational Safety and Health Administration will assume control for a three-year period while working with the state Department of Labor and Industrial Relations to train inspectors of the Hawaii Occupational Safety and Health Division. The division sustained severe staffing cutbacks during the state budget crisis in 2009.

"One of my first and ongoing priorities in the department has been the restoration of HIOSH," said Dwight Takamine, DLIR director. ("HIOSH" stands for Hawaii Occupational Safety and Health.) Part of that effort has involved staff recruitment for the division and continuously seeking advice and help from our federal partners."

The Lingle administration eliminated 32 of the 51 positions at HIOSH during a round of layoffs in 2009 aimed at closing the budget deficit, according to a news release from DLIR. Half of the 32 jobs were "benchmarked" positions that contributed to meeting OSHA staffing requirements. As a result of the layoffs, HIOSH fell below OSHA’s requirement that it have at least 22 positions specific to compliance and consultation, according to the release.

In 2009 HIOSH was able to complete just 426 workplace inspections, 51 percent of its goal of 835 inspections. An annual OSHA evaluation of HIOSH done in 2009 raised "numerous concerns" about the Hawaii program, according to the release.

In 24 of 43 workplace safety cases reviewed by OSHA, the Hawaii program "did not appropriately classify the violations and/or cite the hazards," OSHA officials said in the evaluation. They also said the person designated as the HIOSH administrator at the time was not performing the duties of the position as described in the HIOSH field operations manual.

Under the agreement OSHA will take over responsibility for all job categories except for construction, warehousing and transportation. HIOSH also will retain control over state and local government workers.

The change is to occur late next month.

HIOSH will be required to show that it is "at least as effective as OSHA" before it can regain control of workplace safety enforcement, according to the release. HIOSH will progressively resume authority over industries as it rebuilds capacity during the three-year period outlined in the agreement.

The Occupational Safety and Health Act, signed in 1970 by President Richard Nixon, established OSHA to "assure safe and healthful working conditions." The act also encouraged states to develop and operate their own workplace safety programs. Hawaii did so in 1984, and is one of 27 states operating state plans.