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The federal laws which govern medical exams for employment purposes are the Americans with Disabilities Act (ADA), federal drug testing guidelines under the Omnibus Transportation Employee Testing Act, and the Health Insurance Portability and Accountability Act (HIPAA). A federal executive order prohibits federal employers from requesting genetic tests as a condition of employment, but there are as yet no provisions relating to private employers.
The ADA governs medical testing in relation to applicants and employees with disabilities. For more information on the ADA, see the Americans with Disabilities Act topic.
Drug tests are not considered medical examinations under the ADA, but the records of such tests are considered confidential medical records from a privacy standpoint, and certain procedures must be followed in conducting the tests. For more information, see the section on Drug Testing.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic.
Drug test information
Hawaii law mirrors federal law in requiring information concerning substance abuse test results to remain confidential.
Payment of exams
The law adds a provision that an employer may not deduct from an employee’s wages, or require an applicant to pay for, any medical exam or report which is required by the employer or by law.
Contact
Department of Labor and Industrial Relations
Regulations
Drug test information
Haw. Rev. Stat. §329B-6
Payment of exams
Haw. Rev. Stat. §388-6(6)
Contacts
Americans with Disabilities Act (ADA)
Drug testing
US Department of Transportation
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
Americans with Disabilities Act (ADA)
29 CFR 1600, 1601, 1602, 1603, 1604,
1605, 1606, 1607, 1608, 1610, 1611,
1612, 1614, 1620, 1621, 1625, 1626,
1627, 1630, 1635, 1640, 1641
1650, 1690, 1691
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Health Insurance Portability and Accountability Act (HIPAA)
45 CFR Subchapter B – Parts 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, Subchapter C – 160, 162, 164,
Public Law 104-191 (104th Congress)