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Hawaii Drug-Free Workplace

Hawaii has guidelines and resources for establishing drug-free workplace programs, as outlined by the Hawaii Department of Health's Alcohol and Drug Abuse Division. These guidelines include conducting a needs assessment to understand the impact of substance abuse in the workplace, developing a clear policy on drug and alcohol abuse, educating employees about the issues and the company's stance, training supervisors to support the program, considering an Employee Assistance Program (EAP) for those with substance abuse issues, and deciding on the role of drug testing within the program.

Regarding drug testing specifically, it's important to consider both federal and state regulations. For non-DOT (Department of Transportation) testing, there are few major federal regulatory requirements, but state laws can vary. Employers should pay attention to any Hawaii state laws that might address aspects such as the requirement of a written drug-free workplace policy, advance notice to employees about testing, restrictions on types of testing, and actions following positive test results.

However, it's worth noting that while Hawaii legalized medical marijuana in 2000, the state has not provided specific employment protections for medical marijuana users. This means employers in Hawaii may use a positive drug test for cannabis as grounds for termination.

For a comprehensive approach to drug-free workplace policies, including considerations for drug testing and handling medical marijuana use, employers should review their policies with legal and HR professionals to ensure compliance with all applicable laws and regulations.