HB3431 EngrossedLRB102 11928 CPF 17264 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 50 as follows:
6    (410 ILCS 130/50)
7    Sec. 50. Employment; employer liability.
8    (a) Nothing in this Act shall prohibit an employer from
9adopting a reasonable policy regulations concerning drug
10testing for, smoking, vaping, consuming, storing, or using
11medical cannabis by registered the consumption, storage, or
12timekeeping requirements for qualifying patients related to
13the use of medical cannabis.
14    (b) Nothing in this Act shall prohibit an employer from
15enforcing a preemployment drug testing policy concerning drug
16testing, zero-tolerance drug testing policy, random drug
17testing policy, or a drug free workplace provided the policy
18is applied to registered qualifying patients working in safety
19sensitive positions in a nondiscriminatory manner.
20    For purposes of this Section, "safety sensitive position"
21means any position designated in writing by the employer as a
22safety sensitive position in which the person performing the
23position, or duties required of the position, while under the



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1influence of cannabis, may constitute a threat to or endanger
2the health or safety of themselves or others. "Safety
3sensitive position" includes, but is not limited to, the
5        (1) A position that requires any of the following:
6            (A) carrying a firearm;
7            (B) performing medical procedures,
8        life-threatening procedures, or emergency services;
9            (C) providing direct child care, direct patient
10        care, or the supervising of such care;
11            (D) direct responsibility for the safety or
12        security of people, children, animals, or property, or
13        the supervising of someone with that direct
14        responsibility;
15            (E) working with hazardous or flammable materials,
16        controlled substances, or pharmaceuticals;
17            (F) access to or control over cash, checks, credit
18        cards, credit card account information, or the
19        authority or ability to commit financial resources of
20        the business or organization, in an amount that is:
21                (i) set by the business or organization that
22            could detrimentally impact the business or
23            organization with a supporting written
24            explanation;
25                (ii) $5,000 or more; or
26                (iii) required of the registered qualifying



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1            patient as a standard fidelity bond or an
2            equivalent bond; or
3            (G) access to or responsibility for sensitive
4        personal identifying information of individuals,
5        including, but not limited to, social security numbers
6        or biometric information.
7        (2) A position in which a lapse of attention could
8    result in injury, illness, death, or damage to property,
9    including without limitation a position that includes, but
10    need not be limited to, road or commercial construction,
11    operating, repairing, maintaining, monitoring, or
12    designing equipment, machinery, critical services and
13    infrastructure, aircraft, motorized watercraft, or motor
14    vehicles as part of the position's job duties.
15        (3) A position wherein undertaking any task under the
16    influence of cannabis could constitute negligence,
17    professional malpractice, or professional misconduct.
18    (c) Nothing in this Act shall prohibit an employer from
19enforcing a preemployment drug testing policy, zero-tolerance
20drug testing policy, random drug testing policy, or a drug
21free workplace policy or limit an employer from disciplining a
22registered qualifying patient for violating such a workplace
23drug policy, provided that an employer shall not take adverse
24action against a registered qualifying patient in a non-safety
25sensitive position solely due to a positive drug test for
26medical cannabis, unless: .



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1        (1) the test result exceeds the limits set forth in
2    Section 11-501.2 of the Illinois Vehicle Code;
3        (2) the registered qualifying patient failed to
4    provide written notice under the employer's policy that:
5            (A) the registered qualifying patient was cleared
6        to work; or
7            (B) a restriction regarding notification of the
8        use of a prescription or nonprescription drug that
9        could affect the registered qualifying patient's job
10        performance applies to the registered qualifying
11        patient; or
12        (3) the registered qualifying patient failed to
13    certify to his or her employer or the employer's medical
14    review officer during a drug test that he or she is a
15    registered qualifying patient.
16    Notice under this subsection shall not require the
17registered qualifying patient to provide the condition for
18which he or she is using medical cannabis.
19    (d) Nothing in this Act shall limit an employer's ability
20to discipline a registered qualifying patient an employee for
21failing a drug test if failing to do so would put the employer
22in violation of federal law or cause it to lose a federal
23contract or funding.
24    (e) Nothing in this Act shall be construed to create a
25defense for a third party who fails a drug test.
26    (f) An employer may consider a registered qualifying



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1patient to be impaired when he or she tests positive for
2cannabis that exceeds the limits set forth in Section 11-501.2
3of the Illinois Vehicle Code, or manifests specific,
4articulable symptoms while working that decrease or lessen his
5or her performance of the duties or tasks of the registered
6qualifying patient's employee's job position, including
7symptoms of the employee's speech, physical dexterity,
8agility, coordination, demeanor, irrational or unusual
9behavior, negligence or carelessness in operating equipment or
10machinery, disregard for the safety of the registered
11qualifying patient employee or others, or involvement in an
12accident that results in serious damage to equipment or
13property, disruption of a production or manufacturing process,
14or carelessness that results in any injury to the registered
15qualifying patient employee or others. If an employer elects
16to discipline a registered qualifying patient under this
17subsection, it must afford the registered qualifying patient
18employee a reasonable opportunity to contest the basis of the
20    (g) Nothing in this Act shall be construed to create or
21imply a cause of action for any person against an employer for:
22(1) actions based on the employer's good faith belief that a
23registered qualifying patient used or possessed cannabis while
24on the employer's premises or during the hours of employment;
25(2) actions based on the employer's good faith belief that a
26registered qualifying patient was impaired while working on



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1the employer's premises during the hours of employment; (3)
2disciplining or terminating the employment of a registered
3qualifying patient when enforcing a drug policy in compliance
4with this Section; or (4) (3) injury or loss to a third party
5if the employer neither knew nor had reason to know that the
6employee was impaired.
7    (h) Nothing in this Act shall be construed to interfere
8with any federal restrictions on employment including but not
9limited to the United States Department of Transportation
10regulation 49 CFR 40.151(e).
11(Source: P.A. 98-122, eff. 1-1-14.)
12    Section 10. The Right to Privacy in the Workplace Act is
13amended by changing Section 5 as follows:
14    (820 ILCS 55/5)  (from Ch. 48, par. 2855)
15    Sec. 5. Discrimination for use of lawful products
17    (a) Except as otherwise specifically provided by law,
18including Section 10-50 of the Cannabis Regulation and Tax Act
19and Section 50 of the Compassionate Use of Medical Cannabis
20Program Act, and except as provided in subsections (b) and (c)
21of this Section, it shall be unlawful for an employer to refuse
22to hire or to discharge any individual, or otherwise
23disadvantage any individual, with respect to compensation,
24terms, conditions or privileges of employment because the



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1individual uses lawful products off the premises of the
2employer during nonworking and non-call hours. As used in this
3Section, "lawful products" means products that are legal under
4state law. For purposes of this Section, an employee is deemed
5on-call when the employee is scheduled with at least 24 hours'
6notice by his or her employer to be on standby or otherwise
7responsible for performing tasks related to his or her
8employment either at the employer's premises or other
9previously designated location by his or her employer or
10supervisor to perform a work-related task.
11    (b) This Section does not apply to any employer that is a
12non-profit organization that, as one of its primary purposes
13or objectives, discourages the use of one or more lawful
14products by the general public. This Section does not apply to
15the use of those lawful products which impairs an employee's
16ability to perform the employee's assigned duties.
17    (c) It is not a violation of this Section for an employer
18to offer, impose or have in effect a health, disability or life
19insurance policy that makes distinctions between employees for
20the type of coverage or the price of coverage based upon the
21employees' use of lawful products provided that:
22        (1) differential premium rates charged employees
23    reflect a differential cost to the employer; and
24        (2) employers provide employees with a statement
25    delineating the differential rates used by insurance
26    carriers.



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1(Source: P.A. 101-27, eff. 6-25-19.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.