Full Text of HB3431 102nd General Assembly
HB3431eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Compassionate Use of Medical Cannabis | 5 | | Program 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 | 9 | | adopting a reasonable policy regulations concerning drug | 10 | | testing for, smoking, vaping, consuming, storing, or using | 11 | | medical cannabis by registered the consumption, storage, or | 12 | | timekeeping requirements for qualifying patients related to | 13 | | the use of medical cannabis.
| 14 | | (b) Nothing in this Act shall prohibit an employer from | 15 | | enforcing a preemployment drug testing policy concerning drug | 16 | | testing , zero-tolerance drug testing policy, random drug | 17 | | testing policy , or a drug free workplace provided the policy | 18 | | is applied to registered qualifying patients working in safety | 19 | | sensitive positions in a nondiscriminatory manner .
| 20 | | For purposes of this Section, "safety sensitive position" | 21 | | means any position designated in writing by the employer as a | 22 | | safety sensitive position in which the person performing the | 23 | | position, or duties required of the position, while under the |
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| 1 | | influence of cannabis, may constitute a threat to or endanger | 2 | | the health or safety of themselves or others. "Safety | 3 | | sensitive position" includes, but is not limited to, the | 4 | | following: | 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 | 19 | | enforcing a preemployment drug testing policy, zero-tolerance | 20 | | drug testing policy, random drug testing policy, or a drug | 21 | | free workplace policy or limit an employer from disciplining a | 22 | | registered qualifying patient for violating such a workplace | 23 | | drug policy , provided that an employer shall not take adverse | 24 | | action against a registered qualifying patient in a non-safety | 25 | | sensitive position solely due to a positive drug test for | 26 | | medical 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 | 17 | | registered qualifying patient to provide the condition for | 18 | | which he or she is using medical cannabis.
| 19 | | (d) Nothing in this Act shall limit an employer's ability | 20 | | to discipline a registered qualifying patient an employee for | 21 | | failing a drug test if failing to do so would put the employer | 22 | | in violation of federal law or cause it to lose a federal | 23 | | contract or funding.
| 24 | | (e) Nothing in this Act shall be construed to create a | 25 | | defense for a third party who fails a drug test.
| 26 | | (f) An employer may consider a registered qualifying |
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| 1 | | patient to be impaired when he or she tests positive for | 2 | | cannabis that exceeds the limits set forth in Section 11-501.2 | 3 | | of the Illinois Vehicle Code, or manifests specific, | 4 | | articulable symptoms while working that decrease or lessen his | 5 | | or her performance of the duties or tasks of the registered | 6 | | qualifying patient's employee's job position, including | 7 | | symptoms of the employee's speech, physical dexterity, | 8 | | agility, coordination, demeanor, irrational or unusual | 9 | | behavior, negligence or carelessness in operating equipment or | 10 | | machinery, disregard for the safety of the registered | 11 | | qualifying patient employee or others, or involvement in an | 12 | | accident that results in serious damage to equipment or | 13 | | property, disruption of a production or manufacturing process, | 14 | | or carelessness that results in any injury to the registered | 15 | | qualifying patient employee or others. If an employer elects | 16 | | to discipline a registered qualifying patient under this | 17 | | subsection, it must afford the registered qualifying patient | 18 | | employee a reasonable opportunity to contest the basis of the | 19 | | determination.
| 20 | | (g) Nothing in this Act shall be construed to create or | 21 | | imply a cause of action for any person against an employer for: | 22 | | (1) actions based on the employer's good faith belief that a | 23 | | registered qualifying patient used or possessed cannabis while | 24 | | on the employer's premises or during the hours of employment; | 25 | | (2) actions based on the employer's good faith belief that a | 26 | | registered qualifying patient was impaired while working on |
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| 1 | | the employer's premises during the hours of employment; (3) | 2 | | disciplining or terminating the employment of a registered | 3 | | qualifying patient when enforcing a drug policy in compliance | 4 | | with this Section; or (4) (3) injury or loss to a third party | 5 | | if the employer neither knew nor had reason to know that the | 6 | | employee was impaired.
| 7 | | (h) Nothing in this Act shall be construed to interfere | 8 | | with any federal restrictions on employment including but not | 9 | | limited to the United States Department of Transportation | 10 | | regulation 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 | 13 | | amended 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 | 16 | | prohibited.
| 17 | | (a) Except as otherwise specifically provided by law, | 18 | | including Section 10-50 of the Cannabis Regulation and Tax Act | 19 | | and Section 50 of the Compassionate Use of Medical Cannabis | 20 | | Program Act , and except as
provided in subsections (b) and (c) | 21 | | of this Section, it shall be unlawful
for an employer to refuse | 22 | | to hire or to discharge any individual, or
otherwise | 23 | | disadvantage any individual, with respect to compensation, | 24 | | terms,
conditions or privileges of employment because the |
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| 1 | | individual uses lawful
products off the premises of the | 2 | | employer during nonworking and non-call hours. As used in this | 3 | | Section, "lawful products" means products that are legal under | 4 | | state law. For purposes of this Section, an employee is deemed | 5 | | on-call when the employee is scheduled with at least 24 hours' | 6 | | notice by his or her employer to be on standby or otherwise | 7 | | responsible for performing tasks related to his or her | 8 | | employment either at the employer's premises or other | 9 | | previously designated location by his or her employer or | 10 | | supervisor to perform a work-related task.
| 11 | | (b) This Section does not apply to any employer that is a | 12 | | non-profit
organization that, as one of its primary purposes | 13 | | or objectives,
discourages the use of one or more lawful | 14 | | products by the general public.
This Section does not apply to | 15 | | the use of those lawful products which
impairs an employee's | 16 | | ability to perform the employee's assigned duties.
| 17 | | (c) It is not a violation of this Section for an employer | 18 | | to offer,
impose or have in effect a health, disability or life | 19 | | insurance policy that
makes distinctions between employees for | 20 | | the type of coverage or the price
of coverage based upon the | 21 | | employees' 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 | 3 | | becoming law.
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