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Hawaii State Laws

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 Issue Status Comments
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 u00a7386-3
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