HOUSE OF REPRESENTATIVES

H.B. NO.

2938

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO workplace safety.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the safety and health of Hawaii workers is of paramount importance.  Therefore, employers should know and be able to limit the employment of employees using substances, including medical marijuana, that could impair the ability of employees to safely perform their work related duties.  Accordingly, medical review officers performing substance abuse testing in accordance with Hawaii law may report the use of medical marijuana to employers.

     SECTION 2.  Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§329-     Inapplicability of chapter 329B.  Nothing in chapter 329B, on substance abuse testing, shall be construed to:

     (1)  Require an employer to:

         (A)  Accommodate the medical use of marijuana in any workplace regardless of where the use occurs;

         (B)  Allow an employee or independent contractor to possess, consume, or be impaired by the use of marijuana during working hours; or

         (C)  Allow any person who is impaired by the use of marijuana to remain in the workplace;

     (2)  Preclude or restrict an employer from establishing or enforcing a policy to achieve or maintain a drug-free workforce; or

     (3)  Preclude or restrict a medical review officer from disclosing a positive test result for marijuana to an employer."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2010.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Substance Abuse Testing

 

Description:

Expands ability of employer to protect employees and prohibit the use of medical marijuana in the workplace.

 

 

 

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