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.


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A BILL FOR

 

HB4608 LRB095 18379 WGH 44465 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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)
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.
23 (Source: P.A. 95-635, eff. 1-1-08.)
 
24     (820 ILCS 265/25)
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.
10 (Source: P.A. 95-635, eff. 1-1-08.)