Hawaii has specific guidelines in place regarding drug testing in the workplace, which can be found in the Hawaii Revised Statutes, Section 329B. These regulations touch upon the conditions under which testing can be done, the procedures to be followed, and the rights of employees.
Marijuana in Hawaii: Medical marijuana use is permitted with a physician's recommendation. As of my last training data in January 2022, recreational marijuana was also legalized in Hawaii. However, employers are allowed to maintain drug-free workplace policies. It's recommended to stay updated with the state's current laws or news sources.
Here's a link to the Hawaii Revised Statutes, Section 329B on the official Hawaii State Legislature website.
Drug Testing Issue |
Status |
Comments |
Instant or POCT Testing |
Yes, with conditions |
Proper procedures and confirmatory testing are vital. |
Drug Panels |
No Restrictions |
Defined by the employer's policy. |
Laboratory |
Licensing requirements |
SAMHSA-certified labs are preferable. |
Medical Review Officer (MRO) |
Highly recommended |
For ensuring accurate and fair result interpretation. |
Random Testing |
Restrictions |
Ensure policies are non-discriminatory and transparent. |
Post-Accident |
No Restrictions |
Consistency in policies is essential. |
Reasonable Suspicion |
Yes |
Based on well-documented reasons and under proper supervision. |
Oral Fluids |
No Restrictions |
Employer's choice based on specific needs. |
Hair Testing |
No Restrictions |
Employer's discretion. |
Unemployment Denial |
Yes, with conditions |
When company drug policy is violated. |
Workers Comp Discount |
Varies |
It's essential to consult state-specific guidelines. |
Intoxication Defense |
Yes |
For cases where intoxication is a significant cause. |
Medical Marijuana |
Yes, with a prescription |
Employers can have drug-free policies. |
Recreational Marijuana |
Yes |
However, workplaces can still enforce drug-free policies. |
Report Driver DOT Positives |
Yes |
Adherence to state and federal reporting is essential. |
General Statute |
Hawaii Revised Statutes, Section 329B |
Guidelines for drug testing in workplaces. |
It's vital to remember that this summary is for general information. For thorough details and the most recent updates, consult a legal expert in Hawaii or refer to state-designated legal resources.