STAND. COM. REP. NO. 1414_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 635
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Labor and Public Employment, to which was
referred S.B. No. 635, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO SUBSTANCE ABUSE TESTING,"

begs leave to report as follows:

     The purpose of this bill is to provide guidelines for
substance abuse on-site screening tests.

     Testimony in support of this measure was submitted by
Hoffman LaRoche Pharmaceuticals.  Comments on the measure were
submitted by the Department of Health.  Testimony in opposition
to the measure was submitted by the American Civil Liberties
Union of Hawaii, Unity House, Inc., and ILWU Local 142.

     Your Committee emphasizes that this measure is not to be
construed as a preemption of any right obtained through
collective bargaining.

     Your Committee finds that employers should be given the
flexibility to reduce their costs in conducting drug screening,
if their actions are consistent with collective bargaining
agreements, and so long as employees can be confident in the
accuracy of the tests.

     Your Committee has amended the measure by:


 
 
 
                                 STAND. COM. REP. NO. 1414_______
                                 Page 2

 
     (1)  More clearly identifying the standards that must be met
          in administering the tests;

     (2)  Requiring that the employer provide certain information
          and material to the employee prior to the collection of
          any sample; 

     (3)  Providing that a positive confirmatory test shall be
          reviewed by a licensed medical review officer;

     (4)  Requiring training of the operator who administers the
          test;

     (5)  Requiring the director to maintain a list of approved
          substance abuse on-site screening tests; and

     (6)  Making technical, nonsubstantive amendments for
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 635, S.D. 1, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B. No.
635, S.D. 1, H.D. 1, and be referred to the Committee on
Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair