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