Hawaii Drug Testing Laws and Regulations
| State: |
Hawaii |
| Statute of Order: |
Hawaii Rev. Stat. §329B- 1 et seq. |
| Covered Employers: |
All employers. |
| Applicant Testing: |
Testing authorized if applicant receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. Testing required of civil service applicants for positions with city of Honolulu. |
| Employee Testing: |
Testing authorized if employee receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. |
| Conditions & Methods: |
Methods to assure privacy for employee in collection of specimen and reliability of results, including confirming test in case of positive findings. |
| Important Bulletpoints: |
Employers pay for all drug testing costs including confirmation tests.On-site screening is permitted by law and must be conducted according to legislated rules. The instructions of the manufacturer of the DFA approved portable substance testing kit must be observed and the person tasked to administer the test has acquired proper training from the manufacturer.An employer may not take adverse employment action against the employee or prospective employee based on a positive test result unless the provision for advance written notice has been satisfied. Furthermore, for on-site testing the employee or applicant must be required to report to a licensed testing laboratory for confirmation testing within four hours of the positive on-site test result.Employees or applicants refusing or failing to undergo compliant drug testing and confirmatory tests is basis for an employer to take adverse employment action, provided that such action is included in the advance written notice given to the person involved.There are specific cut--off levels for alcohol, marijuana and opiates. A result falling below the cut-off levels are marked negative regardless of the possible presence of such substances.Anyone who willfully and knowingly violates Hawaii’s drug testing laws may be met with a fine of US$1,000 to US$10,000.A Workers’ Compensation Premium Discount Program is in effect entitling compliant employers to at least 5% premium reduction for implementing effective safety and health programs. While not directly addressed to drug-free workplace initiatives, the law directs the Department of Labor and Industrial Relations to issue relevant regulations.Workers’ compensation benefits may be denied to an employee if injury is by intoxication |
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