Drug Testing Laws in the State of Hawaii

Hawaii's 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. For example, employers who choose to test must use a laboratory that is certified

WORKERS COMPENSATION

HAWAII 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. Haw. Rev. Stat. §431:14-103. (1997). Workers' Compensation State law denies compensation if an employee's injury was incurred by his or her intoxication. Haw. Rev. Stat. § 386-3 (1994 and Supp. 1996). 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.