Hawaii

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Workplace Drug Testing Issues – Hawaii State Laws

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

Drug Testing IssueStatusComments
Instant or POCT TestingPermittedFDA cleared device only, lab confirmation required
Drug PanelsRestrictions10 Panel is appropriate
LaboratoryRestrictedMust be licensed
Medical Review OfficerRestrictedRequired for non-negative results
Random TestingRestrictionsRecommend safety sensitive positions only
Post-AccidentNo Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesState in policy that intoxication is misconduct.
Workers Comp DiscountNo
Intoxication DefenseYesHaw. Revised Statute §386-3
Medical MarijuanaYesWorkplace medical marijuana use is not addressed in the law.
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General StatuteRules 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