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.
Pass Drug Testing 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

10 Things to Know To Pass A Drug Test In Hawaii

1. Mandatory State

Hawaii is a ‘mandatory’ state which implies that employers wishing to conduct drug or alcohol tests must comply with the State Law.

2. Policy

The employer shall provide the individual who is to be tested, with a written policy outlining the substances intended to be tested, and a statement to the effect that Over-the-counter as well as prescribed medicines can result in the test becoming positive. A “medical disclosure” form should be provided to the employee.

3. Notice to employee required

Before collecting samples, the individual to be tested shall receive a notice of the substances that are to be tested and a Medical disclosure form. The employee shall be advised in writing that information sought through the medical disclosure form can be furnished at the employee’s option. Further, the fact that he can retain custody of the form for review by an MRO during a review should also be advised.

4. Constituent substances for testing

Marijuana, Cocaine, methadone, Amphetamine, PCP, barbiturates, opiates, methaqualone, propoxyphene, benzodiazepines, and metabolites corresponding to these substances have been identified as substances of abuse. However, the employer cannot test for a substance not figuring in the written statement furnished to the employee.

5. Where to conduct the tests?

For employees as well as applicants, on-site testing is permissible. Any other type of testing should be conducted only at a SAMHSA certified Lab. Blood tests may be permitted in rare cases but should be collected by qualified medical professionals. The definition of specimen is blood or Urine. However, the department may be authorized to issue necessary regulations in respect of breath tests relating to alcohol.

6. Exception in case of pre-employment

On-site testing using device approved by FDA is permitted only in the case of pre-employment drug tests.

7. Administering on-site screening test

On-site screening test for substance abuse must follow instructions contained in the package insert for the test. Positive Findings of the test shall not be used against the employee or a prospective employee without follow up action prescribed. When a positive finding is reported, the employee/prospective employee shall be required to report to a licensed laboratory within 4 hours. The cost of the referral should be borne by the employer. If the employee/prospective employee fails to report to the laboratory, punitive action can follow after a written intimation thereof.

8. Test procedure to be complied in totality

In instances where all the procedure laid down for substance abuse test is not adhered to or adopted, the results obtained shall not reported or used in any manner whatsoever.

9. Confidentiality

All test results are to be treated as confidential. Written consent from the individual who has been tested is necessary for making the results available even when legally called for. However, in the case of positive results, such information may be made available to those who are authorized to receive the information during the course of a legal procedure.

10. Using an MRO

Employers opting for an MRO’s service must ensure that only an MRO licensed in HI is engaged.

PASS A DRUG TEST IN HAWAII