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Hawaii - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Hawaii

Instant or POCT Testing

Permitted

FDA cleared device only, lab confirmation required

Drug Panels

Restrictions

10 Panel is appropriate

Laboratory

Restricted

Must be licensed

Medical Review Officer

Restricted

Required for non-negative results

Random Testing

Restrictions

Recommend safety sensitive positions only

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

State in policy that intoxication is misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

Haw. Revised Statute §386-3

Medical Marijuana

Yes

Workplace medical marijuana use is not addressed in the law.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Rules must be followed for employee drug testing per the UNIFORM CONTROLLED SUBSTANCES ACT Chapter 329.