Some states have laws that prohibit drug and alcohol testing of employees or job applicants; however, Hawaii does not have such a law. For employers that choose to implement testing programs, however, the state requires that the tests be performed according to specific procedural requirements. Any person who violates the state drug testing law is liable for up to $10,000 in civil penalties per violation (HI Rev. Stat. Sec. 329B-1 et seq.).
Written policy. Employers must have a written policy that details the substances to be tested for. In addition, a list of over-the-counter or prescription medications that may cause a positive test result must be provided to employees before testing.
Licensed laboratory. Employers must use a laboratory licensed by the state Department of Health or by the Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services, accompanied by the approval of the Hawaii Director of Health. In addition, a licensed Medical Review Officer must review and interpret each positive test result.
On-site testing. The law allows the use of portable substance abuse tests that meet the requirements of the U.S. Food and Drug Administration for commercial distribution for applicants and employees. The operator who administers the substance abuse on-site screening test must have been trained to use and administer the on-site screening test by the test's manufacturer or the manufacturer's designee. The operator must administer the substance abuse on-site screening test according to the package insert that accompanies the test.
Confirmatory test. If an applicant or employee tests positive for the presence of drugs, alcohol, or the ...