STAND. COM. REP. NO. 1246

Honolulu, Hawaii

RE:    H.B. No. 964

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Health, to which was referred H.B. No. 964, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SUBSTANCE ABUSE,"

begs leave to report as follows:

     The purpose of this measure is to ensure the safety of workers by providing a cost effective detection and deterrence tool for drug testing and to keep job sites safe.

     Specifically, this measure facilitates employment-related drug testing by:

     (1)  Allowing the use of screening tests that may be used for forensic testing as a workplace testing device; and

     (2)  Requiring employers using a screening test for pre-employment screening to administer the test in accordance with the manufacturer's package insert, instead of the United States Food and Drug Administration insert.

     Your Committee received testimony in support of this measure from the General Contractors Association of Hawaii and Emerald Bay Consulting, LLC.  The Pacific Resource Partnership; Hawaii Carpenters Union; Ralph S. Inouye Co., Ltd.; Waiawa Ridge Development, LLC; Hawaiian Dredging Construction Company; Hidano Construction, Inc.; S & M Sakamoto, Inc.; the Building Industry Association of Hawaii; Castle & Cooke Homes Hawai‘i, Inc.; Kapolei Property Development LLC; and Straub Doctors on Call submitted testimony in support of the intent of this measure with comments.  Testimony in opposition was received from the Department of Health and Clinical Labs of Hawaii.  The Diagnostic Laboratory Services, Inc. submitted comments on this measure.

     Your Committee finds that drug abuse has become a major health and safety challenge facing Hawaii's construction industry.  Drug and alcohol impairment on job sites has overwhelmed Hawaii's construction companies and results in accidents, poor artisanship, and higher workers' compensation claims and premiums.

     Your Committee has amended this measure by deleting its contents and inserting the language from S.B. No. 1636, S.D. 2, a similar measure that makes the following changes:

     (1)  Clarifies that the testing device used must be manufactured in a facility licensed by the United States Food and Drug Administration (FDA);

     (2)  Requires that test be administered according to the FDA package insert, or where there is no such FDA insert, then the package instruction accompanying the test kit;

     (3)  Removes the requirement that an on-site pre-employment screening test must be approved by the Director of Health;

     (4)  Authorizes pre-employment screening provided that employers are authorized to drug test applicants and unions are authorized to drug test members; and

     (5)  Changes the effective date to July 1, 2055, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 964, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 964, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair