Limits of third party liability
HRS §386-8.5
in effect386-8.5. Limits of third party liability
(a) Notwithstanding section 386-8 and any other law to the contrary, when a work injury for which compensation is payable under this chapter has been sustained, the discussion or furnishing of, or failure to discuss or furnish, or failure to enforce any safety, health, or personal conduct provision to protect employees against work injuries, in any collective bargaining agreement or in negotiations thereon, shall not subject a labor organization representing the injured employee to any civil liability for the injury.
(b) As used in this section:
"Health provision" includes but is
not limited to health inspections and advisory services.
"Labor organization" means any
organization that exists and is constituted for the purposes, in whole or in
part, of collective bargaining or dealing with employers, concerning
grievances, terms, or conditions of employment, or of other mutual aid or
protection, and includes both private industry and public employment labor
organizations.
"Personal conduct provision" includes
but is not limited to contractual language covering sexual harassment or
assault and related infliction of emotional distress or invasion of privacy.
"Safety provision" includes but is
not limited to safety inspections and advisory services.
(c) No construction design professional who is
retained to perform professional services on a construction project or any
employee of a construction design professional who is assisting or representing
the construction design professional in the performance of professional
services on the site of the construction project shall be liable for any injury
on the construction project resulting from the employer's failure to comply
with safety standards on the construction project for which compensation is recoverable
under this chapter unless the responsibility for the compliance of safety
practices is specifically assumed by contract or by other conduct of the
construction design professional or any employee of the construction design
professional who is assisting or representing the construction design
professional in the performance of professional services on the site of the
construction project. The limitation of liability provided by this subsection
to any construction design professional shall not apply to the negligent
preparation of design plans or specifications.
[L 1980, c 100, §2; am L 1989, c
300, §3; am L 1992, c 275, §3; am L 2016, c 55, §12]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0008_0005.htmFetched: 11/10/2026