Hawaii employment drug testing laws authorize all employers to perform drug tests on applicants and current employees as long as written notice is presented. Employers are not required to test applicants/employees unless the applicant is applying for a civil service position with the city of Honolulu, in which case testing is mandatory. On-site testing is permitted but, if the test results are positive, the employee must report to a certified lab for a confirmation test within four (4) hours of receiving the positive test results.
Can Current Employees be Tested? Yes, Hawaii places no restrictions on employers testing employees. Written notice must be provided and the employee must have the opportunity to disclose any prescription or nonprescription medications.
Is Certified Testing Required? No, except for confirmation tests resulting from a positive test.
Laws – § 329B
What Can be Tested? Urine, oral fluid, and blood (under limited circumstances).
How to Conduct a Legal Drug Test
Step 1 – Before testing may occur, employers must provide applicants and employees with a written policy outlining the procedures, drugs to be tested, and possible outcomes of positive test results. This written notice serves as consent; however, employers may also choose to ask applicants/employees to sign a Drug Test Release Form.
Step 2 – Collecting samples from the subject can be done on-site as long as the test is administered by a trained individual and the on-site screening test kit instructions are followed. Employers can test for any drug labelled as a controlled substance under State law. Specimens that can be extracted from the subject include the following:
- Blood (limited circumstances)
- Oral fluid
Step 3 – Any positive test result does not authorize an employer to take adverse action. The employee/applicant must present themselves at a licensed laboratory within four (4) hours of the first test results to submit to a confirmation test, at the cost of the employer. A list of certified labs can be found on the Substance Abuse and Mental Health Services Administration (SAMHSA) website.
Step 4 – If the results of the confirmation test are positive, or the applicant/employee failed to appear at the laboratory, the employer can take adverse employment action provided the action was listed on their written policy.