Workplace Drug Testing Issues – Hawaii State Laws
Government employers should always call for potential additional restrictions on employee drug testing. These categories do not affect DOT-regulated drug testing. DOT companies should follow 49 CFR Part 40.
| 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 |
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 before collecting a sample that indicates: 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 – A Workers’ Compensation intoxication defense to a claim exists in Hawaii. There is 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 vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.