Rep. Dave Winters
Filed: 3/15/2007
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1 | AMENDMENT TO HOUSE BILL 1855
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2 | AMENDMENT NO. ______. Amend House Bill 1855 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | alcohol per 100 milliliters of blood. | ||||||
2 | "Drug" means a controlled substance as defined in the | ||||||
3 | Illinois Controlled Substances Act or cannabis as defined in | ||||||
4 | the Cannabis Control Act for which testing is required by an | ||||||
5 | employer under its substance abuse prevention program under | ||||||
6 | this Act. The term "drug" includes prescribed medications not | ||||||
7 | used in accordance with a valid prescription. | ||||||
8 | "Employee" means a laborer, mechanic, or other worker | ||||||
9 | employed in any public works by anyone under a contract for | ||||||
10 | public works. | ||||||
11 | "Employer" means a contractor or subcontractor performing | ||||||
12 | a public works project. | ||||||
13 | "Public works" and "public body" have the meanings ascribed | ||||||
14 | to those terms in the Prevailing Wage Act. | ||||||
15 | Section 10. Substance abuse prohibited. No employee may | ||||||
16 | use, possess, attempt to possess, distribute, deliver, or be | ||||||
17 | under the influence of a drug, or use or be under the influence | ||||||
18 | of alcohol, while performing work on a public works project. An | ||||||
19 | employee is considered to be under the influence of alcohol for | ||||||
20 | purposes of this Act if the alcohol concentration in his or her | ||||||
21 | blood or breath at the time alleged as shown by analysis of the | ||||||
22 | employee's blood or breath is at or above 0.02. | ||||||
23 | Section 15. Substance abuse prevention programs required. | ||||||
24 | (1) Before an employer commences work on a public works |
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1 | project, the employer shall have in place a written program | ||||||
2 | which meets or exceeds the program requirements in this | ||||||
3 | Act, to be filed with the public body engaged in the | ||||||
4 | construction of the public works and made available to the | ||||||
5 | general public, for the prevention of substance abuse among | ||||||
6 | its employees. The testing must be performed by a | ||||||
7 | laboratory that is certified for Federal Workplace Drug | ||||||
8 | Testing Programs by the Substance Abuse and Mental Health | ||||||
9 | Service Administration of the U.S. Department of Health and | ||||||
10 | Human Services. At a minimum, the program shall include all | ||||||
11 | of the following: | ||||||
12 | (A) A minimum requirement of a 9 panel urine drug | ||||||
13 | test plus a test for alcohol. Testing an
employee's | ||||||
14 | blood may only be used for post-accident testing, | ||||||
15 | however, blood
testing is not mandatory for the | ||||||
16 | employer where a urine test is sufficient. | ||||||
17 | (B) A prohibition against the actions or | ||||||
18 | conditions specified in Section 10. | ||||||
19 | (C) A requirement that employees performing the | ||||||
20 | work on a public works project submit to pre-hire, | ||||||
21 | random, reasonable suspicion, and post-accident drug | ||||||
22 | and alcohol testing. Testing of an employee before | ||||||
23 | commencing work on a public works project is not | ||||||
24 | required if the employee has been participating in a | ||||||
25 | random testing program during the 90 days preceding the | ||||||
26 | date on which the employee commenced work on the public |
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1 | works project. | ||||||
2 | (D) A procedure for notifying an employee who | ||||||
3 | violates Section 10, who tests positive for the | ||||||
4 | presence of a drug in his or her system, or who refuses | ||||||
5 | to submit to drug or alcohol testing as required under | ||||||
6 | the program that the employee may not perform work on a | ||||||
7 | public works project until the employee meets the | ||||||
8 | conditions specified in subdivisions (2)(A) and (2)(B) | ||||||
9 | of Section 20. | ||||||
10 | (2) Reasonable suspicion testing. An employee whose | ||||||
11 | supervisor has reasonable suspicion to believe the | ||||||
12 | employee is in the possession of or under the influence of | ||||||
13 | alcohol or drug is subject to discipline up to and | ||||||
14 | including suspension, and be required to undergo an alcohol | ||||||
15 | or drug test. "Reasonable suspicion" means a belief, based | ||||||
16 | on behavioral observations or other evidence, sufficient | ||||||
17 | to lead a prudent or reasonable person to suspect an | ||||||
18 | employee is under the influence and exhibits slurred | ||||||
19 | speech, inappropriate behavior, decreased motor skills, or | ||||||
20 | other such traits. Circumstances, both physical and | ||||||
21 | psychological, shall be given consideration. Whenever | ||||||
22 | possible before an employee is required to submit to | ||||||
23 | testing based on reasonable suspicion, the employee shall | ||||||
24 | be observed by more than one supervisory or managerial | ||||||
25 | employee. It is encouraged that observation of an employee | ||||||
26 | should be performed by a supervisory or managerial employee |
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1 | who has successfully completed a certified training | ||||||
2 | program to recognize drug and alcohol abuse. The employer | ||||||
3 | who is requiring an employee to be tested based upon | ||||||
4 | reasonable suspicion shall provide transportation for the | ||||||
5 | employee to the testing facility and may send a | ||||||
6 | representative to accompany the employee to the testing | ||||||
7 | facility. Under no circumstances may an employee thought to | ||||||
8 | be under the influence of alcohol or a drug be allowed to | ||||||
9 | operate a vehicle or other equipment for any purpose. The | ||||||
10 | employee shall be removed from the job site and placed on | ||||||
11 | inactive status pending the employer's receipt of notice of | ||||||
12 | the test results. The employee shall have the right to | ||||||
13 | request a representative or designee to be present at the | ||||||
14 | time he or she is directed to provide a specimen for | ||||||
15 | testing based upon reasonable suspicion. If the test result | ||||||
16 | is positive for drugs or alcohol, the employee shall be | ||||||
17 | subject to termination. The employer shall pay all costs | ||||||
18 | related to this testing. If the test result is negative, | ||||||
19 | the employee shall be placed on active status and shall be | ||||||
20 | put back to work by the employer. The employee shall be | ||||||
21 | paid for all lost time to include all time needed to | ||||||
22 | complete the drug or alcohol test and any and all overtime | ||||||
23 | according to the employee's contract. | ||||||
24 | (3) An employer is responsible for the cost of | ||||||
25 | developing, implementing, and enforcing its substance | ||||||
26 | abuse prevention program, including the cost of drug and |
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1 | alcohol testing of its employees under the program. The | ||||||
2 | testing must be performed by a laboratory that is certified | ||||||
3 | for Federal Workplace Drug Testing Programs by the | ||||||
4 | Substance Abuse and Mental Health Service Administration | ||||||
5 | of the U.S. Department of Health and Human Services. The | ||||||
6 | contracting agency is not responsible for that cost, for | ||||||
7 | the cost of any medical review of a test result, or for any | ||||||
8 | rehabilitation provided to an employee. | ||||||
9 | Section 20. Employee access to project. | ||||||
10 | (1) An employer may not permit an employee who violates | ||||||
11 | Section 10, who tests positive for the presence of a drug | ||||||
12 | in his or her system, or who refuses to submit to drug or | ||||||
13 | alcohol testing as required under the employer's substance | ||||||
14 | abuse prevention program under Section 15 to perform work | ||||||
15 | on a public works project until the employee meets the | ||||||
16 | conditions specified in subdivisions (2)(A) and (2)(B). An | ||||||
17 | employer shall immediately remove an employee from work on | ||||||
18 | a public works project if any of the following occurs: | ||||||
19 | (A) The employee violates Section 10, tests | ||||||
20 | positive for the presence of a drug in his or her | ||||||
21 | system, or refuses to submit to drug or alcohol testing | ||||||
22 | as required under the employer's substance abuse | ||||||
23 | prevention program. | ||||||
24 | (B) An officer or employee of the contracting | ||||||
25 | agency, preferably one trained to recognize drug and |
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1 | alcohol abuse, has a reasonable suspicion that the | ||||||
2 | employee is in violation of Section 10 and requests the | ||||||
3 | employer to immediately remove the employee from work | ||||||
4 | on the public works project for reasonable suspicion | ||||||
5 | testing. | ||||||
6 | (2) An employee who is barred or removed from work on a | ||||||
7 | public works project under subsection (1) may commence or | ||||||
8 | return to work on the public works project upon his or her | ||||||
9 | employer providing to the contracting agency documentation | ||||||
10 | showing all of the following: | ||||||
11 | (A) That the employee has tested negative for the | ||||||
12 | presence of drugs in his or her system and is not under | ||||||
13 | the influence of alcohol as described in Section 10. | ||||||
14 | (B) That the employee has been approved to commence | ||||||
15 | or return to work on the public works project in | ||||||
16 | accordance with the employer's substance abuse | ||||||
17 | prevention program. | ||||||
18 | (C) Testing for the presence of drugs or alcohol in | ||||||
19 | an employee's system and the handling of test specimens | ||||||
20 | was conducted in accordance with guidelines for | ||||||
21 | laboratory testing procedures and chain-of-custody | ||||||
22 | procedures established by the Substance Abuse and | ||||||
23 | Mental Health Service Administration of the U.S. | ||||||
24 | Department of Health and Human Services. | ||||||
25 | (3) Upon successfully completing a rehabilitation | ||||||
26 | program, an employee shall be reinstated to his or her |
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1 | former employment status if work for which he or she is | ||||||
2 | qualified exists. | ||||||
3 | Section 25. Applicability. This Act applies to a contract | ||||||
4 | to perform work on a public works project for which bids are | ||||||
5 | opened on or after January 1, 2008, or, if bids are not | ||||||
6 | solicited for the contract, to a contract to perform such work | ||||||
7 | entered into on or after January 1, 2008. The provisions of | ||||||
8 | this Act
apply only to the extent there is no collective | ||||||
9 | bargaining agreement in effect dealing with the subject matter | ||||||
10 | of this Act.
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11 | Section 99. Effective date. This Act takes effect January | ||||||
12 | 1, 2008.".
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