2020 Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
396. Occupational Safety and Health
§396-9 Explosives. (a) No person shall use, store, or deal in explosives unless the person has first obtained a certificate of fitness. A certificate of fitness shall only be issued to an individual and shall set forth the individual's competency and provide for the individual's positive identification. Certificates of fitness may be limited as to types or kinds of explosives or to the use of explosives for specific purposes.
(b) No dealer shall sell or deliver explosives to any person who does not hold a certificate of fitness.
(c) It shall be unlawful for any person to use or possess any explosives unless the person has a certificate of fitness or is using the explosives under the immediate supervision and direction of a holder of the certificate.
Any person who violates this section shall be subject to arrest and upon conviction, shall be fined not more than $1,000 or imprisoned not more than one year, or both, provided that an employer or an employee acting within the scope of employment shall not be deemed to be in violation of this section.
(d) Any certificate of fitness issued under this section may be revoked or suspended by the director on any ground specified in the rules adopted under this chapter, or for any violation of this section.
(e) Any certificate issued under this section, during any time of national emergency or crisis, may be suspended or canceled by the director. A national emergency or crisis shall be deemed to exist when it has been so determined under section 134-34.
(f) This section shall not apply to the armed forces of the United States, to employees of the United States, or the state or county police or fire departments who are authorized to handle explosives. [L 1972, c 57, pt of §1; am L 1975, c 50, §3; gen ch 1985; am L 1998, c 259, §3]