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Drug-Free Workplace Policy and Program Template

Hawaii Drug Testing Laws and Regulations

State: Hawaii
Statute of Order: Hawaii Rev. Stat. ยง329B- 1 et seq.
Covered Employers: All employers.
Applicant Testing: Testing authorized if applicant receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. Testing required of civil service applicants for positions with city of Honolulu.
Employee Testing: Testing authorized if employee receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen and reliability of results, including confirming test in case of positive findings.
Important Bulletpoints:
  • Employers pay for all drug testing costs including confirmation tests.
  • On-site screening is permitted by law and must be conducted according to legislated rules. The instructions of the manufacturer of the DFA approved portable substance testing kit must be observed and the person tasked to administer the test has acquired proper training from the manufacturer.
  • An employer may not take adverse employment action against the employee or prospective employee based on a positive test result unless the provision for advance written notice has been satisfied. Furthermore, for on-site testing, the employee or applicant must be required to report to a licensed testing laboratory for confirmation testing within four hours of the positive on-site test result.
  • Employees or applicants refusing or failing to undergo compliant drug testing and confirmatory tests is a basis for an employer to take adverse employment action, provided that such action is included in the advance written notice given to the person involved.
  • There are specific cut--off levels for alcohol, marijuana and opiates. A result falling below the cut-off levels are marked negative regardless of the possible presence of such substances.
  • Anyone who willfully and knowingly violates Hawaii’s drug testing laws may be met with a fine of US$1,000 to US$10,000.
  • • A Workers’ Compensation Premium Discount Program is in effect entitling compliant employers to at least 5% premium reduction for implementing effective safety and health programs. While not directly addressed to drug-free workplace initiatives, the law directs the Department of Labor and Industrial Relations to issue relevant regulations.
  • Workers’ compensation benefits may be denied to an employee if injury is by intoxication.
  • If an employer decides to use on-site screening tests, the instructions on the drug test package must be strictly followed. In case the result is positive, the employee must be directed to go to an authorized laboratory within four hours for a confirmation test. Refusal on the part of the employee is ground for termination.
Medical Marijuana: Senate Bill 862
Applicability: Hawaii Medical Marijuana Law applies to patients, designated caregivers (parents in the case of minors) and physicians.
Quantity Allowed: The qualified patient and his primary caregiver are allowed to have an “adequate” supply of medical marijuana which should not exceed an ounce of usable marijuana per mature plant, three mature marijuana plants and four immature marijuana plants.
How Obtained: Cultivation of medical marijuana is permitted. Other means of procurement are not specified.
Liability Protections: Physicians are exempted from criminal prosecution when prescribing/recommending the use of marijuana for medical purposes. Qualifying patients and their primary caregivers cannot be arrested for the possession, cultivation, transportation and cultivation of marijuana. Any property used in conjunction with the use of medical marijuana is not subjected to searches and seizures. A person cannot be arrested if he is in the presence or vicinity of the use of medical marijuana.
Statutory Requirements for Authorized Use: A qualifying patient must be able to present a signed statement from his physician that he/she is suffering from a debilitating disease (stipulated under SB 862) and that using medical marijuana will be beneficial to the patient. The state of Hawaii has a mandatory patient registry for the issuance of identification cards to qualified patients.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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