95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4608


 
Introduced , by Rep. Dave Winters
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 265/15






820 ILCS 265/25








    Amends the Substance Abuse Prevention on Public Works Projects Act.  Requires the substance abuse testing program of an employer to which the Act applies to include a 5 panel (instead of 9 panel) urine drug test. Provides that the  Act
does not apply to the extent there is a collective bargaining agreement in effect dealing with the subject matter of the Act.
















LRB095 18379 WGH 44465 b

















 


 


A BILL FOR









 











HB4608

LRB095 18379 WGH 44465 b






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    AN ACT concerning employment.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Substance Abuse Prevention on Public Works 
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Projects Act is amended  by changing Sections 15 and 25 as 
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follows:
 
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    (820 ILCS 265/15)

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    Sec. 15. Substance abuse prevention programs required.  
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        (1) Before an employer commences work on a public works 
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    project, the employer shall have in place a written program 
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    which meets or exceeds the program requirements in this 
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    Act, to be filed with the public body engaged in the 
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    construction of the public works and made available to the 
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    general public, for the prevention of substance abuse among 
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    its employees. The testing must be performed by a 
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    laboratory that is certified for Federal Workplace Drug 
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    Testing Programs by the Substance Abuse and Mental Health 
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    Service Administration of the U.S. Department of Health and 
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    Human Services. At a minimum, the program shall include all 
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    of the following:
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            (A) A minimum requirement of a 5 9 panel urine drug 
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        test plus a test for alcohol. Testing an
employee's 
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        blood may only be used for post-accident testing, 
 


 






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        however, blood
testing is not mandatory for the 
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        employer where a urine test is sufficient.
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            (B) A prohibition against the actions or 
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        conditions specified in Section 10.
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            (C) A requirement that employees performing the 
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        work on a public works project submit to pre-hire, 
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        random, reasonable suspicion, and post-accident drug 
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        and alcohol testing. Testing of an employee before 
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        commencing work on a public works project is not 
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        required if the employee has been participating in a 
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        random testing program during the 90 days preceding the 
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        date on which the employee commenced work on the public 
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        works project.
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            (D) A procedure for notifying an employee who 
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        violates Section 10, who tests positive for the 
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        presence of a drug in his or her system, or who refuses 
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        to submit to drug or alcohol testing as required under 
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        the program that the employee may not perform work on a 
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        public works project until the employee meets the 
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        conditions specified in subdivisions (2)(A) and (2)(B) 
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        of Section 20.
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        (2) Reasonable suspicion testing. An employee whose 
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    supervisor has reasonable suspicion to believe the 
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    employee is under the influence of alcohol or a drug is 
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    subject to discipline up to and including suspension, and 
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    be required to undergo an alcohol or drug test. "Reasonable 
 


 






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    suspicion" means a belief, based on behavioral 
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    observations or other evidence, sufficient to lead a 
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    prudent or reasonable person to suspect an employee is 
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    under the influence and exhibits slurred speech, erratic 
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    behavior, decreased motor skills, or other such traits. 
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    Circumstances, both physical and psychological, shall be 
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    given consideration. Whenever possible before an employee 
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    is required to submit to testing based on reasonable 
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    suspicion, the employee shall be observed by more than one 
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    supervisory or managerial employee. It is encouraged that 
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    observation of an employee should be performed by a 
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    supervisory or managerial employee who has successfully 
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    completed a certified training program to recognize drug 
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    and alcohol abuse. The employer who is requiring an 
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    employee to be tested based upon reasonable suspicion shall 
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    provide transportation for the employee to the testing 
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    facility and may send a representative to accompany the 
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    employee to the testing facility. Under no circumstances 
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    may an employee thought to be under the influence of 
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    alcohol or a drug be allowed to operate a vehicle or other 
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    equipment for any purpose. The employee shall be removed 
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    from the job site and placed on inactive status pending the 
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    employer's receipt of notice of the test results. The 
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    employee shall have the right to request a representative 
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    or designee to be present at the time he or she is directed 
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    to provide a specimen for testing based upon reasonable 
 


 






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    suspicion. If the test result is positive for drugs or 
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    alcohol, the employee shall be subject to termination. The 
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    employer shall pay all costs related to this testing. If 
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    the test result is negative, the employee shall be placed 
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    on active status and shall be put back to work by the 
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    employer. The employee shall be paid for all lost time to 
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    include all time needed to complete the drug or alcohol 
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    test and any and all overtime according to the employee's 
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    contract.
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        (3) An employer is responsible for the cost of 
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    developing, implementing, and enforcing its substance 
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    abuse prevention program, including the cost of drug and 
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    alcohol testing of its employees under the program, except 
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    when these costs are covered under provisions in a 
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    collective bargaining agreement. The testing must be 
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    performed by a laboratory that is certified for Federal 
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    Workplace Drug Testing Programs by the Substance Abuse and 
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    Mental Health Service Administration of the U.S. 
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    Department of Health and Human Services. The contracting 
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    agency is not responsible for that cost, for the cost of 
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    any medical review of a test result, or for any 
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    rehabilitation provided to an employee.

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(Source: P.A. 95-635, eff. 1-1-08.)
 
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    (820 ILCS 265/25)

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    Sec. 25. Applicability.  This Act applies to a contract to 
 


 






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perform work on a public works project for which bids are 
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opened on or after January 1, 2008, or, if bids are not 
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solicited for the contract, to a contract to perform such work 
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entered into on or after January 1, 2008. The provisions of 
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this Act
apply only to the extent there is no collective 
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bargaining agreement in effect dealing with the subject matter 
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of this Act. The provisions of this Act
do not apply to the 
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extent there is a collective bargaining agreement in effect 
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dealing with the subject matter of this Act.

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(Source: P.A. 95-635, eff. 1-1-08.)