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Opinion Letter No. 95-17
July 26, 1995
Disclosure of Occupational Safety Reports
This letter reconsiders the OIP’s Opinion Letter
No. 95-5. The OIP opined that section 396-14, Hawaii Revised Statutes,
was a confidentiality statute whose goal is to encourage persons
to report occupational safety violations and that this goal is achieved
by assuring the confidentiality of
informants' identities. The OIP then opined that section 396-14,
Hawaii Revised Statutes, in
conjunction with section 92F-13(4), Hawaii Revised Statutes, allowed
DLIR to withhold occupational
safety reports from the public.
Accordingly, the OIP advised the Department of Labor
and Industrial Relations ("DLIR") that it was not required
to disclose (1) records of any determinations in section 396-11,
Hawaii Revised Statutes, administrative proceedings; and/or (2)
an informant’s identity and information supplied to DLIR in
connection with an investigation of alleged industrial law violations.
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