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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 5. The Substance Abuse Prevention on Public Works | |||||||||||||||||||||
5 | Projects Act is amended by changing Sections 15 and 25 as | |||||||||||||||||||||
6 | follows: | |||||||||||||||||||||
7 | (820 ILCS 265/15)
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8 | Sec. 15. Substance abuse prevention programs required. | |||||||||||||||||||||
9 | (1) Before an employer commences work on a public works | |||||||||||||||||||||
10 | project, the employer shall have in place a written program | |||||||||||||||||||||
11 | which meets or exceeds the program requirements in this | |||||||||||||||||||||
12 | Act, to be filed with the public body engaged in the | |||||||||||||||||||||
13 | construction of the public works and made available to the | |||||||||||||||||||||
14 | general public, for the prevention of substance abuse among | |||||||||||||||||||||
15 | its employees. The testing must be performed by a | |||||||||||||||||||||
16 | laboratory that is certified for Federal Workplace Drug | |||||||||||||||||||||
17 | Testing Programs by the Substance Abuse and Mental Health | |||||||||||||||||||||
18 | Service Administration of the U.S. Department of Health and | |||||||||||||||||||||
19 | Human Services. At a minimum, the program shall include all | |||||||||||||||||||||
20 | of the following: | |||||||||||||||||||||
21 | (A) A minimum requirement of a 5 9 panel urine drug | |||||||||||||||||||||
22 | test plus a test for alcohol. Testing an
employee's | |||||||||||||||||||||
23 | blood may only be used for post-accident testing, |
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1 | however, blood
testing is not mandatory for the | ||||||
2 | employer where a urine test is sufficient. | ||||||
3 | (B) A prohibition against the actions or | ||||||
4 | conditions specified in Section 10. | ||||||
5 | (C) A requirement that employees performing the | ||||||
6 | work on a public works project submit to pre-hire, | ||||||
7 | random, reasonable suspicion, and post-accident drug | ||||||
8 | and alcohol testing. Testing of an employee before | ||||||
9 | commencing work on a public works project is not | ||||||
10 | required if the employee has been participating in a | ||||||
11 | random testing program during the 90 days preceding the | ||||||
12 | date on which the employee commenced work on the public | ||||||
13 | works project. | ||||||
14 | (D) A procedure for notifying an employee who | ||||||
15 | violates Section 10, who tests positive for the | ||||||
16 | presence of a drug in his or her system, or who refuses | ||||||
17 | to submit to drug or alcohol testing as required under | ||||||
18 | the program that the employee may not perform work on a | ||||||
19 | public works project until the employee meets the | ||||||
20 | conditions specified in subdivisions (2)(A) and (2)(B) | ||||||
21 | of Section 20. | ||||||
22 | (2) Reasonable suspicion testing. An employee whose | ||||||
23 | supervisor has reasonable suspicion to believe the | ||||||
24 | employee is under the influence of alcohol or a drug is | ||||||
25 | subject to discipline up to and including suspension, and | ||||||
26 | be required to undergo an alcohol or drug test. "Reasonable |
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1 | suspicion" means a belief, based on behavioral | ||||||
2 | observations or other evidence, sufficient to lead a | ||||||
3 | prudent or reasonable person to suspect an employee is | ||||||
4 | under the influence and exhibits slurred speech, erratic | ||||||
5 | behavior, decreased motor skills, or other such traits. | ||||||
6 | Circumstances, both physical and psychological, shall be | ||||||
7 | given consideration. Whenever possible before an employee | ||||||
8 | is required to submit to testing based on reasonable | ||||||
9 | suspicion, the employee shall be observed by more than one | ||||||
10 | supervisory or managerial employee. It is encouraged that | ||||||
11 | observation of an employee should be performed by a | ||||||
12 | supervisory or managerial employee who has successfully | ||||||
13 | completed a certified training program to recognize drug | ||||||
14 | and alcohol abuse. The employer who is requiring an | ||||||
15 | employee to be tested based upon reasonable suspicion shall | ||||||
16 | provide transportation for the employee to the testing | ||||||
17 | facility and may send a representative to accompany the | ||||||
18 | employee to the testing facility. Under no circumstances | ||||||
19 | may an employee thought to be under the influence of | ||||||
20 | alcohol or a drug be allowed to operate a vehicle or other | ||||||
21 | equipment for any purpose. The employee shall be removed | ||||||
22 | from the job site and placed on inactive status pending the | ||||||
23 | employer's receipt of notice of the test results. The | ||||||
24 | employee shall have the right to request a representative | ||||||
25 | or designee to be present at the time he or she is directed | ||||||
26 | to provide a specimen for testing based upon reasonable |
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1 | suspicion. If the test result is positive for drugs or | ||||||
2 | alcohol, the employee shall be subject to termination. The | ||||||
3 | employer shall pay all costs related to this testing. If | ||||||
4 | the test result is negative, the employee shall be placed | ||||||
5 | on active status and shall be put back to work by the | ||||||
6 | employer. The employee shall be paid for all lost time to | ||||||
7 | include all time needed to complete the drug or alcohol | ||||||
8 | test and any and all overtime according to the employee's | ||||||
9 | contract. | ||||||
10 | (3) An employer is responsible for the cost of | ||||||
11 | developing, implementing, and enforcing its substance | ||||||
12 | abuse prevention program, including the cost of drug and | ||||||
13 | alcohol testing of its employees under the program, except | ||||||
14 | when these costs are covered under provisions in a | ||||||
15 | collective bargaining agreement. The testing must be | ||||||
16 | performed by a laboratory that is certified for Federal | ||||||
17 | Workplace Drug Testing Programs by the Substance Abuse and | ||||||
18 | Mental Health Service Administration of the U.S. | ||||||
19 | Department of Health and Human Services. The contracting | ||||||
20 | agency is not responsible for that cost, for the cost of | ||||||
21 | any medical review of a test result, or for any | ||||||
22 | rehabilitation provided to an employee.
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23 | (Source: P.A. 95-635, eff. 1-1-08.) | ||||||
24 | (820 ILCS 265/25)
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25 | Sec. 25. Applicability. This Act applies to a contract to |
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1 | perform work on a public works project for which bids are | ||||||
2 | opened on or after January 1, 2008, or, if bids are not | ||||||
3 | solicited for the contract, to a contract to perform such work | ||||||
4 | entered into on or after January 1, 2008. The provisions of | ||||||
5 | this Act
apply only to the extent there is no collective | ||||||
6 | bargaining agreement in effect dealing with the subject matter | ||||||
7 | of this Act. The provisions of this Act
do not apply to the | ||||||
8 | extent there is a collective bargaining agreement in effect | ||||||
9 | dealing with the subject matter of this Act.
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10 | (Source: P.A. 95-635, eff. 1-1-08.)
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