STAND. COM. REP. NO.912-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 3077

S.D. 1

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Labor and Public Employment, to which was referred S.B. No. 3077, S.D. 1, entitled:


begs leave to report as follows:

The purpose of this measure is to protect the health and safety of the general public through improving the standards of the provision of emergency medical services (EMS). Specifically this bill:

(1) Requires the Department of Health (DOH) to include, in the standards for EMS, a requirement that ambulance service providers licensed by the State establish and maintain an alcohol and drug abuse policy for employees that is equivalent to those standards established for holders' of commercial drivers' licenses; and

(2) Requires licensed service providers to establish an employee wellness program for EMS employees.

Honolulu Emergency Services Department and members of the Maui County Council testified in support of this measure. DOH supported the intent of this measure. The United Public Workers opposed this measure.

EMS is a service that provides for the protection of the health, safety, well-being, and general welfare of the public. As such, those providing these services need to be cognizant of their actions at all times. These providers drive large vehicles at high rates of speed, administer controlled substances and life saving, as well as, life threatening medications if used improperly, and are responsible for the well-being of their patients in the pre-hospital setting. Your Committee understands that these responsibilities would be compromised if the EMS employee were intoxicated while performing their duties, presenting a significant threat to the general public.

Although your Committee realizes that substance abuse does occur among EMS employees, your Committee also realizes that statutorily establishing substance abuse policies may present difficulties when it comes to negotiations of collective bargaining agreements. Accordingly, your Committee has amended this measure by:

(1) Inserting a provision that subjects to negotiations, the alcohol and substance abuse policy established by the provider, when applied to employees under collective bargaining;

(2) Changing the effective date from upon approval to July 1, 2020, to facilitate further discussion; and

(3) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3077, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3077, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,