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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Substance Abuse Prevention on Public Works Projects Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Accident" means an incident caused, contributed to, or | ||||||
8 | otherwise involving an employee that resulted or could have | ||||||
9 | resulted in death, personal injury, or property damage and that | ||||||
10 | occurred while the employee was performing work on a public | ||||||
11 | works project. | ||||||
12 | "Alcohol" means any substance containing any form of | ||||||
13 | alcohol including, but not limited to, ethanol, methanol, | ||||||
14 | propanol, and isopropanol. | ||||||
15 | "Alcohol concentration" means: (1) the number of grams of | ||||||
16 | alcohol per 210 liters of breath; or (2) the number of grams of | ||||||
17 | alcohol per 100 milliliters of blood. | ||||||
18 | "Drug" means a controlled substance as defined in the | ||||||
19 | Illinois Controlled Substances Act or cannabis as defined in | ||||||
20 | the Cannabis Control Act for which testing is required by an | ||||||
21 | employer under its substance abuse prevention program under | ||||||
22 | this Act. The term "drug" includes prescribed medications not | ||||||
23 | used in accordance with a valid prescription. |
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1 | "Employee" means a laborer, mechanic, or other worker | ||||||
2 | employed in any public works by anyone under a contract for | ||||||
3 | public works. | ||||||
4 | "Employer" means a contractor or subcontractor performing | ||||||
5 | a public works project. | ||||||
6 | "Public works" and "public body" have the meanings ascribed | ||||||
7 | to those terms in the Prevailing Wage Act. | ||||||
8 | Section 10. Substance abuse prohibited. No employee may | ||||||
9 | use, possess, attempt to possess, distribute, deliver, or be | ||||||
10 | under the influence of a drug, or use or be under the influence | ||||||
11 | of alcohol, while performing work on a public works project. An | ||||||
12 | employee is considered to be under the influence of alcohol for | ||||||
13 | purposes of this Act if the alcohol concentration in his or her | ||||||
14 | blood or breath at the time alleged as shown by analysis of the | ||||||
15 | employee's blood or breath is at or above 0.02. | ||||||
16 | Section 15. Substance abuse prevention programs required. | ||||||
17 | (1) Before an employer commences work on a public works | ||||||
18 | project, the employer shall have in place a written program | ||||||
19 | which meets or exceeds the program requirements in this | ||||||
20 | Act, to be filed with the public body engaged in the | ||||||
21 | construction of the public works and made available to the | ||||||
22 | general public, for the prevention of substance abuse among | ||||||
23 | its employees. The testing must be performed by a | ||||||
24 | laboratory that is certified for Federal Workplace Drug |
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1 | Testing Programs by the Substance Abuse and Mental Health | ||||||
2 | Service Administration of the U.S. Department of Health and | ||||||
3 | Human Services. At a minimum, the program shall include all | ||||||
4 | of the following: | ||||||
5 | (A) A minimum requirement of a 9 panel urine drug | ||||||
6 | test plus a test for alcohol. Testing an
employee's | ||||||
7 | blood may only be used for post-accident testing, | ||||||
8 | however, blood
testing is not mandatory for the | ||||||
9 | employer where a urine test is sufficient. | ||||||
10 | (B) A prohibition against the actions or | ||||||
11 | conditions specified in Section 10. | ||||||
12 | (C) A requirement that employees performing the | ||||||
13 | work on a public works project submit to pre-hire, | ||||||
14 | random, reasonable suspicion, and post-accident drug | ||||||
15 | and alcohol testing. Testing of an employee before | ||||||
16 | commencing work on a public works project is not | ||||||
17 | required if the employee has been participating in a | ||||||
18 | random testing program during the 90 days preceding the | ||||||
19 | date on which the employee commenced work on the public | ||||||
20 | works project. | ||||||
21 | (D) A procedure for notifying an employee who | ||||||
22 | violates Section 10, who tests positive for the | ||||||
23 | presence of a drug in his or her system, or who refuses | ||||||
24 | to submit to drug or alcohol testing as required under | ||||||
25 | the program that the employee may not perform work on a | ||||||
26 | public works project until the employee meets the |
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1 | conditions specified in subdivisions (2)(A) and (2)(B) | ||||||
2 | of Section 20. | ||||||
3 | (2) Reasonable suspicion testing. An employee whose | ||||||
4 | supervisor has reasonable suspicion to believe the | ||||||
5 | employee is in the possession of or under the influence of | ||||||
6 | alcohol or a drug is subject to discipline up to and | ||||||
7 | including suspension, and be required to undergo an alcohol | ||||||
8 | or drug test. "Reasonable suspicion" means a belief, based | ||||||
9 | on behavioral observations or other evidence, sufficient | ||||||
10 | to lead a prudent or reasonable person to suspect an | ||||||
11 | employee is under the influence and exhibits slurred | ||||||
12 | speech, inappropriate behavior, decreased motor skills, or | ||||||
13 | other such traits. Circumstances, both physical and | ||||||
14 | psychological, shall be given consideration. Whenever | ||||||
15 | possible before an employee is required to submit to | ||||||
16 | testing based on reasonable suspicion, the employee shall | ||||||
17 | be observed by more than one supervisory or managerial | ||||||
18 | employee. It is encouraged that observation of an employee | ||||||
19 | should be performed by a supervisory or managerial employee | ||||||
20 | who has successfully completed a certified training | ||||||
21 | program to recognize drug and alcohol abuse. The employer | ||||||
22 | who is requiring an employee to be tested based upon | ||||||
23 | reasonable suspicion shall provide transportation for the | ||||||
24 | employee to the testing facility and may send a | ||||||
25 | representative to accompany the employee to the testing | ||||||
26 | facility. Under no circumstances may an employee thought to |
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1 | be under the influence of alcohol or a drug be allowed to | ||||||
2 | operate a vehicle or other equipment for any purpose. The | ||||||
3 | employee shall be removed from the job site and placed on | ||||||
4 | inactive status pending the employer's receipt of notice of | ||||||
5 | the test results. The employee shall have the right to | ||||||
6 | request a representative or designee to be present at the | ||||||
7 | time he or she is directed to provide a specimen for | ||||||
8 | testing based upon reasonable suspicion. If the test result | ||||||
9 | is positive for drugs or alcohol, the employee shall be | ||||||
10 | subject to termination. The employer shall pay all costs | ||||||
11 | related to this testing. If the test result is negative, | ||||||
12 | the employee shall be placed on active status and shall be | ||||||
13 | put back to work by the employer. The employee shall be | ||||||
14 | paid for all lost time to include all time needed to | ||||||
15 | complete the drug or alcohol test and any and all overtime | ||||||
16 | according to the employee's contract. | ||||||
17 | (3) An employer is responsible for the cost of | ||||||
18 | developing, implementing, and enforcing its substance | ||||||
19 | abuse prevention program, including the cost of drug and | ||||||
20 | alcohol testing of its employees under the program. The | ||||||
21 | testing must be performed by a laboratory that is certified | ||||||
22 | for Federal Workplace Drug Testing Programs by the | ||||||
23 | Substance Abuse and Mental Health Service Administration | ||||||
24 | of the U.S. Department of Health and Human Services. The | ||||||
25 | contracting agency is not responsible for that cost, for | ||||||
26 | the cost of any medical review of a test result, or for any |
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1 | rehabilitation provided to an employee. | ||||||
2 | Section 20. Employee access to project. | ||||||
3 | (1) An employer may not permit an employee who violates | ||||||
4 | Section 10, who tests positive for the presence of a drug | ||||||
5 | in his or her system, or who refuses to submit to drug or | ||||||
6 | alcohol testing as required under the employer's substance | ||||||
7 | abuse prevention program under Section 15 to perform work | ||||||
8 | on a public works project until the employee meets the | ||||||
9 | conditions specified in subdivisions (2)(A) and (2)(B). An | ||||||
10 | employer shall immediately remove an employee from work on | ||||||
11 | a public works project if any of the following occurs: | ||||||
12 | (A) The employee violates Section 10, tests | ||||||
13 | positive for the presence of a drug in his or her | ||||||
14 | system, or refuses to submit to drug or alcohol testing | ||||||
15 | as required under the employer's substance abuse | ||||||
16 | prevention program. | ||||||
17 | (B) An officer or employee of the contracting | ||||||
18 | agency, preferably one trained to recognize drug and | ||||||
19 | alcohol abuse, has a reasonable suspicion that the | ||||||
20 | employee is in violation of Section 10 and requests the | ||||||
21 | employer to immediately remove the employee from work | ||||||
22 | on the public works project for reasonable suspicion | ||||||
23 | testing. | ||||||
24 | (2) An employee who is barred or removed from work on a | ||||||
25 | public works project under subsection (1) may commence or |
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1 | return to work on the public works project upon his or her | ||||||
2 | employer providing to the contracting agency documentation | ||||||
3 | showing all of the following: | ||||||
4 | (A) That the employee has tested negative for the | ||||||
5 | presence of drugs in his or her system and is not under | ||||||
6 | the influence of alcohol as described in Section 10. | ||||||
7 | (B) That the employee has been approved to commence | ||||||
8 | or return to work on the public works project in | ||||||
9 | accordance with the employer's substance abuse | ||||||
10 | prevention program. | ||||||
11 | (C) Testing for the presence of drugs or alcohol in | ||||||
12 | an employee's system and the handling of test specimens | ||||||
13 | was conducted in accordance with guidelines for | ||||||
14 | laboratory testing procedures and chain-of-custody | ||||||
15 | procedures established by the Substance Abuse and | ||||||
16 | Mental Health Service Administration of the U.S. | ||||||
17 | Department of Health and Human Services. | ||||||
18 | (3) Upon successfully completing a rehabilitation | ||||||
19 | program, an employee shall be reinstated to his or her | ||||||
20 | former employment status if work for which he or she is | ||||||
21 | qualified exists. | ||||||
22 | Section 25. Applicability. This Act applies to a contract | ||||||
23 | to perform work on a public works project for which bids are | ||||||
24 | opened on or after January 1, 2008, or, if bids are not | ||||||
25 | solicited for the contract, to a contract to perform such work |
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1 | entered into on or after January 1, 2008. The provisions of | ||||||
2 | this Act
apply only to the extent there is no collective | ||||||
3 | bargaining agreement in effect dealing with the subject matter | ||||||
4 | of this Act.
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5 | Section 99. Effective date. This Act takes effect January | ||||||
6 | 1, 2008.
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