Hawaii - STATE LAWS

Workplace drug testing issues – State Laws – Hawaii

Government employers should always call for potential additional restrictions on employee drug testing. These categories do not effect DOT regulated drug testing.  DOT companies should follow 49 CFR Part 40.

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.

Hawaii requires employers to follow specific procedural requirements and a written policy is strongly recommended.  The rules require an employer to provide statements to the donor prior to the collection of a sample that indicate: A list of the substances to be tested and a statement that prescriptions and over-the-counter medicines may cause a positive test result

Intoxication Defense – Denial of Workers Compensation Claim – In Hawaii a Workers’ Compensation intoxication defense to a claim exists. There is a no Rebuttable presumption of intoxication. There is a presumption that intoxication did NOT cause the injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Hawaii