Hawaii Drug Laws
We are going to explore two aspects of Hawaii drug laws and the information necessary to learn how to pass a drug test in Hawaii.
Learning The Basics Of Hawaii Drug Laws.
First, we are not attorneys and can not provide specific advice on the Hawaii Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Hawaii drug laws.
Second, for those of you who are concerned with those Hawaii Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Hawaii.
There Are Four Major Drug Tests Given In Hawaii.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Hawaii.
Hawaii Drug Testing Rules.
An employer in Hawaii who wants to drug test employees or applicants must provide advance notice of the testing. The notice must list the substances that will be tested for and must list the prescription and/or nonprescription medications that could cause a positive test result. The employer may not test for any substance that doesn’t appear on the list.
If the employer uses an on-site screening test, it must follow the instructions on the package. If an employee or applicant tests positive in an on-site test, the employer must direct the employee or applicant to go to a licensed laboratory, within four hours, for a follow-up test. If the employee or applicant doesn’t go to the lab, the employer can fire, refuse to hire, or take other adverse action against the employee, but only if the employer-provided written notice that:
- The employer followed the required procedures for the on-site test.
- The employee or applicant could refuse to take the test.
- If the employee or applicant refused or failed to take the test, the employer could take adverse action.
Employers must pay all costs of drug testing, including the cost of confirming laboratory tests. Employers are also required to maintain the confidentiality of drug test results.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Hawaii? Even though Hawaii Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Hawaii Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Hawaii employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Hawaii Drug Laws.
|Statute of Order:||Hawaii Rev. Stat. §329B- 1 et seq.|
|Covered Employers:||All employers.|
|Applicant Testing:||Testing authorized if applicant receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. Testing required of civil service applicants for positions with city of Honolulu.|
|Employee Testing:||Testing authorized if employee receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications.|
|Conditions & Methods:||Methods to assure privacy for employee in collection of specimen and reliability of results, including confirming test in case of positive findings.|
|Testing Bullet Points:||
The Hawaii Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Hawaii Are For Breaking Hawaii Drug Laws For Marijuana, Not Federal Or Local Laws.
Hawaii drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Hawaii behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Hawaii using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Hawaii is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Hawaii Drug Test Laws.
- Mandatory State – Hawaii is a ‘mandatory’ state which implies that employers wishing to conduct drug or alcohol tests must comply with the State Law.
- Policy – The employer shall provide the individual who is to be tested, with a written policy outlining the substances intended to be tested, and a statement to the effect that Over-the-counter as well as prescribed medicines can result in the test becoming positive. A “medical disclosure” form should be provided to the employee.
- Notice to employee required – Before collecting samples, the individual to be tested shall receive a notice of the substances that are to be tested and a Medical disclosure form. The employee shall be advised in writing that information sought through the medical disclosure form can be furnished at the employee’s option. Further, the fact that he can retain custody of the form for review by an MRO during a review should also be advised.
- Constituent substances for testing – Marijuana, Cocaine, methadone, Amphetamine, PCP, barbiturates, opiates, methaqualone, propoxyphene, benzodiazepines, and metabolites corresponding to these substances have been identified as substances of abuse. However, the employer cannot test for a substance not figuring in the written statement furnished to the employee.
- Where to conduct the tests? – For employees as well as applicants, on-site testing is permissible. Any other type of testing should be conducted only at a SAMHSA certified Lab. Blood tests may be permitted in rare cases but should be collected by qualified medical professionals. The definition of specimen is blood or Urine. However, the department may be authorized to issue necessary regulations in respect of breath tests relating to alcohol.
- Exception in case of pre-employment – On-site testing using device approved by FDA is permitted only in the case of pre-employment drug tests.
- Administering on-site screening test – On-site screening test for substance abuse must follow instructions contained in the package insert for the test. Positive Findings of the test shall not be used against the employee or a prospective employee without follow up action prescribed. When a positive finding is reported, the employee/prospective employee shall be required to report to a licensed laboratory within 4 hours. The cost of the referral should be borne by the employer. If the employee/prospective employee fails to report to the laboratory, punitive action can follow after a written intimation thereof.
- Test procedure to be complied in totality – In instances where all the procedure laid down for substance abuse test is not adhered to or adopted, the results obtained shall not reported or used in any manner whatsoever.
- Confidentiality – All test results are to be treated as confidential. Written consent from the individual who has been tested is necessary for making the results available even when legally called for. However, in the case of positive results, such information may be made available to those who are authorized to receive the information during the course of a legal procedure.
- Using an MRO – Employers opting for an MRO’s service must ensure that only an MRO licensed in HI is engaged.