Drug testing - Hawaii

Substance Abuse Testing

Hawaii's drug testing law includes comprehensive procedural guidelines regarding workplace substance abuse testing. Although the requirements are primarily the responsibility of the laboratory, there are some provisions which directly impact employers.

A laboratory must follow comprehensive procedural guidelines. The individual to be tested must be given a written statement of specific substances to be tested for and a statement that over-the-counter medications or prescribed medications could result in a positive test.

An employer is allowed to perform an on-site pre-employment test but must follow specific procedures. The test must be administered according to the package insert that accompanies the onsite test. The person administering the onsite screening must have been trained.

A positive result from an onsite screening cannot be used to deny employment or result in adverse action unless the employer has the person tested report within four hours to a licensed laboratory for an additional test. That test must be properly conducted under state law; the employee or prospective employee must be given the required written statement noted above and the laboratory must follow procedures required by the state. Neither a laboratory nor an on-site screening location may test for any substance not included on the written statement.

If the employee or applicant fails to take the second test, the employer may take an adverse employment action if the employer gives the individual a written notice stating that:

• The employer followed the proper procedures at the time of the on-site screening test,
• The employee or prospective employee was informed of the right to refuse to submit to the substance abuse test, and
• If the individual refuses or fails to submit to the substance abuse test, the employer may take adverse employment action against the employee or prospective employee.

Information about an on-site screening test must be kept confidential.

Workers’ Compensation Premium Discount Program
Under Hawaii’s Workers' Compensation Premium Discount Program, insurance carriers must offer a discount of at least five percent on insurance rates to employers who maintain an effective safety and health program. The act does not specifically mention drug-free workplace programs, but does direct the Department of Labor and Industrial Relations to issue standards and rules. Those Administrative Rules prohibit the use of intoxicants or harmful drugs while on duty. No one may work under the influence, and may be removed from the premises if found under the influence.

Workers' compensation
Hawaii’s workers' compensation law denies compensation if an employee's injury was incurred because of intoxication.  In the absence of substantial evidence to the contrary, it is presumed that the injury was not caused by the intoxication of the injured employee. The employer has the burden to prove intoxication.