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Hawaii Drug Testing Compliance

Capital Honolulu Population 1,428,557
Largest city Island of Oahu
Area 10,931 sq mi
Criminal rate 31 crimes /10,000 people Time Zone UTC −10

Hawaii Employee Background Check Laws

Hawaii

Legal status for workplace drug screening and alcohol testing

Our intent is to make Hawaii drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in the state.

Hawaii is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply (the rules).

This overview is to introduce you to the nature and history of Hawaii’s workplace drug testing rules and to provide a basic understanding of the drug and alcohol testing compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No, but certain statements required in the employer drug screening policy for Hawaii.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Prior to the collection of any sample, a statement must be provided to each individual being tested indicating, what substances will be tested, and a statement that over-the-counter and prescribed medicines may cause a positive.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Marijuana, cocaine, amphetamines, opiates, PCP, barbiturates, methaqualone, benzodiazepines, propoxyphene, methadone, alcohol and any other controlled substances defined by Hawaii law. Amphetamine and Cocaine cutoff levels differ from those under federal testing rules.
Q5: Are there any state requirements or limitations for specific notice of result?
A: In Hawaii, very detailed urine sample collection procedures must be followed; Lab must be qualified and a qualified MRO must be used/receive all positive results. If re-analysis is necessary, the MRO orders the re-analysis. All records re: the MRO process must be retained for a minimum of of 3 years. At no time may the lab or MRO allow the employer to know of a result before it is verified.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA- or state-certified lab only when a laboratory is utilized.
Q7: What types of specimens can we test for?
A: Urine (and blood under limited circumstances) according the state Dept. of Health is permitted; as of July 2007 POCT oral fluid specifically permitted.
Q8: Are there restrictions for Alcohol Testing?
A: 0.02 Breath Alcohol is considered positive.

Did you know?

Q1. Can I test employee for any substances in the state of Hawaii?

Answer is “No”.

Approved Substances are as follows:

While the state statute defines “drug,” the regulations limit substances or their metabolites to:

  1. Marijuana
  2. Cocaine
  3. Amphetamines
  4. Opiates
  5. PCP
  6. Barbiturates
  7. Methaqualone
  8. Benzodiazepines
  9. Propoxyphene
  10. Methadone
  11. Alcohol
  12. Any other controlled substance in the Controlled Substances Act approved by the director in writing. To date the director has not approved in writing any additional drugs, therefore employers are limited to testing for these 10 controlled substances and alcohol.

 

 Correct!

Hawaii Drug & Alcohol Testing Laws

The law (Ch. 329B-1 to 8) and regulations (Ch. 11-113 to 113-34) do not require any employer (referred to in the rules as “third party”) to conduct drug or alcohol testing. Testing is your choice. Hawaii’s drug testing rules focus primarily on how testing may be done, the drugs you may test for, and the qualifications of those conducting the tests and their facilities. It does not address other aspects of a testing program such as who may be tested and when. Violations of this mandatory statute, in addition to possible damages and injunctive relief for the aggrieved party, carries a possible fine for each violation of not less than $1,000 and not more than $10,000.

The mandatory law was originally enacted in 1990 and has been amended numerous times. Regulations under this law exist and focus on how testing is to be done and the qualifications of the personnel conducting the tests and facilities where tests will be carried out.

This law does not apply to:

  • Toxicology tests used in the direct clinical management of patients;
  • Test for alcohol under chapter 286 or chapter 291;
  • Tests made pursuant to sub-part C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 Federal Register 11986); and
  • Substance abuse testing of individuals under the supervision or custody of the judiciary, the department of public safety, the Hawaii paroling authority, and the office of youth services.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Hawaii Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Hawaii personal and medical use of marijuana.

Medical Use: Be sure that when dealing with the medical marijuana issues your company drug and alcohol testing policy and procedures meet other applicable state requirements, if any. There are no known court decisions interpreting the Medical Use of Marijuana law in Hawaii.  The law does not specify restrictions for employers – it limits authorized use by stating: 329‐122 Medical use of marijuana; conditions of use.

Personal Use: There are several efforts under way to pass legislation permitting the personal use of marijuana.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: November 2017

TO PAGETOP