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Summary of differences between federal and state regulations
The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”
Workers’ Compensation Premium Discount Program
Under Hawaii’s Workers' Compensation Premium Discount Program, insurance carriers must offer a discount of at least five percent on insurance rates to employers who maintain an effective safety and health program. The act does not specifically mention drug-free workplace programs, but does direct the Department of Labor and Industrial Relations to issue standards and rules. Those Administrative Rules prohibit the use of intoxicants or harmful drugs while on duty. No one may work under the influence, and may be removed from the premises if found under the influence.
State
Contacts
Department of Labor and Industrial Relations
Regulations
Workers’ Compensation Premium Discount Program
Haw. Rev. Stat. §431:14-103 (c).
Haw. Code R. Title 12, Chapter 60, §12-60-5
Federal
Contacts
Drug-Free Workplace Act
Drug Testing Rules
U.S. Department of Transportation
Regulations
Drug-Free Workplace Act Of 1988
United States Code at 41 U.S.C. 8101-8106
DOT Drug Testing Rules
49 CFR Part 40
49 CFR Part 382