When to Test . Drug testing may be required by law or as a condition to a contract. Preemployment drug testing is the single most common type of drug testing in the workplace. By making known its policy of testing job applicants, an employer can reduce the chance of hiring a person who is currently using or abusing drugs. If preemployment drug testing is used, the drug testing policy, to avoid violating the ADA and Hawaii's Fair Employment Practices Law, should state that any offer of employment for a position subject to drug testing will be conditioned on the job applicant testing negative for the specified drugs.
Random testing is the most likely procedure to identify substance abusers in a workforce.
However, employers are reluctant to test randomly because no Hawaii court has yet addressed the issue, particularly in the absence of significant safety concerns. Whom to Test . By testing some, but not all, applicants, an employer risks liability for discrimination. Workplace morale may suffer if certain employees or categories of employees are exempted from drug testing. If drug testing is implemented, it may be desirable that all employees, including top management, be subject to testing.