10 Things to Know About Workplace Drug Testing State Laws and Regulations 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.
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