1) Workers Compensation Voluntary Premium Reduction State
No
2) Employers Covered by Federal Drug Free Workplace Act
No
3) State Constitution Privacy Provision
Yes
4) Penalties and Remedies for Employer Non-Compliance
Yes
5) Significant Testing Restrictions
No
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
No
8) Worker’s Compensation Disqualification Laws
Yes
9) Unemployment Compensation Disqualification Laws
No
10) Alcohol Cut-off Levels
.02
11) Substances Allowed for Testing
Marijuana, cocaine, amphetamines, opiates, PCP, barbiturates, methaqualone, benzodiazepines, propoxyphene, methadone, alcohol and any other controlled substances defined by HI law.
· Substances Cut-off Levels
Marijuana 50/15, cocaine 300/150, amphetamines 1000/500, opiates 2000/2000, PCP 25/25, barbiturates 300/200, methaqualone 300/200, benzodiazepines 300/200, propoxyphene 300/200, methadone 300/200
12) Drug Specimen Types
Urine or Blood
13) Types of Drug Testing and Restrictions
· Pre Employment
Allowed but not required
· Reasonable Cause
Allowed but not required
· Random
Allowed but not required
· Post Accident
Allowed but not required
· Follow-up Testing
Allowed but not required
14) Restrictions on Types of Workplace Drug Tests
No
15) Collection Procedures
· Generally
· Observed Collections
If reasonable cause exists that individual tampered with specimen
If reasonable cause exists that individual tampered with specimen
· Split
Not Specified
16) Drug Testing Falsification Law
No
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
Not Specified
19) Laboratory Based Testing
· Laboratory Certifications
HI Dept of Health certified and SAMHSA approved by Department
· Oral Fluids
Prohibited
· Hair Testing
Not Specified
20) Notification of Test Results
Positive results must be provided in writing
21) Rehabilitation Requirements
Not Specified
22) Retest Required
Yes
23) Wage Payment Requirements
Employer
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
Yes (See Hawaii Bill 688 and Hawaii Bill 642 )
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority
Copyright Part40™.com, LLC © 2012, All Rights Reserved
This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Hawaii Contributors:
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