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.
Caution is advised for use of oral fluid testing.
| 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 | Possible Restrictions | Hawaii’s mandatory drug testing law defines “specimen” as urine, blood, “or any other bodily substance that the department [of health] determines to be appropriate for substance abuse testing.” |
| 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
129 W Hibiscus Blvd. Suite H
Melbourne, FL 32901
Phone: 866-843-4545
Fax: 888-441-7071
