Your Cart

Hawaii State Drug Testing 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 affect DOT-regulated drug testing. DOT companies should follow 49 CFR Part 40.

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 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 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.

View Individual State Law Summaries

Same Day Shipping

Ship on the day of Order


30 Day Money Back Guarantee