Summary of Law(s) and Regulation(s):

The 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.
Hawaii Rev. Stat. Ann. §§ 329B-1 to 329B-8 (2004)

The State Revised Statutes were amended by modifying the definitions of two key terms. A substance abuse onsite screening test is now defined as a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distribution or is manufactured by a facility that is minimally certified as meeting the standards established by the International Organization for Standardization and that may be used by an employer in the workplace. A substance abuse test is any testing procedure designed to take and analyze body fluids or other materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample test. Every employer shall administer the test according to the package insert that accompanies the test. Employers shall have the employee or prospective employee report, within 4 hours after testing positive, to a laboratory licensed by State regulation, and the employers are required to bear the cost of the laboratory testing. Employers are empowered to take punitive action against any employee who fails to show up for the laboratory test. All information concerning the substance abuse onsite screening test shall be strictly confidential. Under certain circumstances, employers are prohibited from discharging, suspending, or discriminating against any employee who tests positive for the presence of drugs, alcohol, or the metabolites of drugs.