Full Text of SB3433 101st General Assembly
SB3433 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3433 Introduced 2/14/2020, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: |
| 820 ILCS 305/11 | from Ch. 48, par. 138.11 |
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Amends the Workers' Compensation Act. Establishes standards with respect to cannabis for impairment sufficient to bar compensation for injuries to employees who are intoxicated. Provides that the presence of 5 nanograms of tetrahydrocannabinol in the blood or 10 nanograms of tetrahydrocannabinol in other bodily substances shall create a rebuttable presumption that intoxication is the proximate cause of the injury. Contains the statement: "Authorized use may be evidenced only by written consent by the employer to the employee, which consent shall not be unreasonably withheld".
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| | A BILL FOR |
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| 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 Workers' Compensation Act is amended by | 5 | | changing Section 11 as follows:
| 6 | | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
| 7 | | Sec. 11. Measure of responsibility. Except as provided in | 8 | | Section 1.2, the compensation herein provided, together with | 9 | | the
provisions of this Act, shall be the measure of the | 10 | | responsibility of
any employer engaged in any of the | 11 | | enterprises or businesses enumerated
in Section 3 of this Act, | 12 | | or of any employer who is not engaged in any
such enterprises | 13 | | or businesses, but who has elected to provide and pay
| 14 | | compensation for accidental injuries sustained by any employee | 15 | | arising
out of and in the course of the employment according to | 16 | | the provisions
of this Act, and whose election to continue | 17 | | under this Act, has not been
nullified by any action of his | 18 | | employees as provided for in this Act.
| 19 | | Accidental injuries incurred while participating in | 20 | | voluntary recreational
programs including but not limited to | 21 | | athletic events, parties and picnics
do not arise out of and in | 22 | | the course of the employment even though the
employer pays some | 23 | | or all of the cost thereof. This exclusion shall not apply
in |
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| 1 | | the event that the injured employee was ordered or assigned by | 2 | | his employer
to participate in the program.
| 3 | | Notwithstanding any other defense, accidental injuries | 4 | | incurred while the employee is engaged in the active commission | 5 | | of and as a proximate result of the active commission of (a) a | 6 | | forcible felony, (b) aggravated driving under the influence of | 7 | | alcohol, other drug or drugs, or intoxicating compound or | 8 | | compounds, or any combination thereof, or (c) reckless homicide | 9 | | and for which the employee was convicted do not arise out of | 10 | | and in the course of employment if the commission of that | 11 | | forcible felony, aggravated driving under the influence, or | 12 | | reckless homicide caused an accident resulting in the death or | 13 | | severe injury of another person. If an employee is acquitted of | 14 | | a forcible felony, aggravated driving under the influence, or | 15 | | reckless homicide that caused an accident resulting in the | 16 | | death or severe injury of another person or if these charges | 17 | | are dismissed, there shall be no presumption that the employee | 18 | | is eligible for benefits under this Act. No employee shall be | 19 | | entitled to additional compensation under Sections 19(k) or | 20 | | 19(l) of this Act or attorney's fees under Section 16 of this | 21 | | Act when the employee has been charged with a forcible felony, | 22 | | aggravated driving under the influence, or reckless homicide | 23 | | that caused an accident resulting in the death or severe injury | 24 | | of another person and the employer terminates benefits or | 25 | | refuses to pay benefits to the employee until the termination | 26 | | of any pending criminal proceedings. |
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| 1 | | Accidental injuries incurred while participating as a | 2 | | patient in a drug
or alcohol rehabilitation program do not | 3 | | arise out of and in the course
of employment even though the | 4 | | employer pays some or all of the costs thereof. | 5 | | Any injury to or disease or death of an employee arising | 6 | | from the administration of a vaccine, including without | 7 | | limitation smallpox vaccine, to prepare for, or as a response | 8 | | to, a threatened or potential bioterrorist incident to the | 9 | | employee as part of a voluntary inoculation program in | 10 | | connection with the person's employment or in connection with | 11 | | any governmental program or recommendation for the inoculation | 12 | | of workers in the employee's occupation, geographical area, or | 13 | | other category that includes the employee is deemed to arise | 14 | | out of and in the course of the employment for all purposes | 15 | | under this Act. This paragraph added by this amendatory Act of | 16 | | the 93rd General Assembly is declarative of existing law and is | 17 | | not a new enactment.
| 18 | | No compensation shall be payable if (i) the employee's | 19 | | intoxication is the proximate cause of the employee's | 20 | | accidental injury or (ii) at the time the employee incurred the | 21 | | accidental injury, the employee was so intoxicated that the | 22 | | intoxication constituted a departure from the employment. | 23 | | Admissible evidence of the concentration of (1) alcohol, (2) | 24 | | cannabis as defined in the Cannabis Control Act, (3) a | 25 | | controlled substance listed in the Illinois Controlled | 26 | | Substances Act, or (4) an intoxicating compound listed in the |
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| 1 | | Use of Intoxicating Compounds Act in the employee's blood, | 2 | | breath, or urine at the time the employee incurred the | 3 | | accidental injury shall be considered in any hearing under this | 4 | | Act to determine whether the employee was intoxicated at the | 5 | | time the employee incurred the accidental injuries. If at the | 6 | | time of the accidental injuries : (1) , there was 0.08% or more | 7 | | by weight of alcohol in the employee's blood, breath, or urine ; | 8 | | (2) there was a tetrahydrocannabinol concentration of 5 | 9 | | nanograms or more in the whole blood or 10 nanograms or more in | 10 | | another bodily substance; (3) or if there is any evidence of | 11 | | impairment due to the unlawful or unauthorized use of (1) | 12 | | cannabis , as defined in the Cannabis Control Act, (2) a | 13 | | controlled substance listed in the Illinois Controlled | 14 | | Substances Act, or (3) an intoxicating compound listed in the | 15 | | Use of Intoxicating Compounds Act ; or (4) if the employee | 16 | | refuses to submit to testing of blood, breath, or urine, then | 17 | | there shall be a rebuttable presumption that the employee was | 18 | | intoxicated and that the intoxication was the proximate cause | 19 | | of the employee's injury. Authorized use may be evidenced only | 20 | | by written consent by the employer to the employee, which | 21 | | consent shall not be unreasonably withheld. The employee may | 22 | | overcome the rebuttable presumption by the preponderance of the | 23 | | admissible evidence that the intoxication was not the sole | 24 | | proximate cause or proximate cause of the accidental injuries. | 25 | | Percentage by weight of alcohol in the blood shall be based on | 26 | | grams of alcohol per 100 milliliters of blood. Percentage by |
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| 1 | | weight of alcohol in the breath shall be based upon grams of | 2 | | alcohol per 210 liters of breath. Any testing that has not been | 3 | | performed by an accredited or certified testing laboratory | 4 | | shall not be admissible in any hearing under this Act to | 5 | | determine whether the employee was intoxicated at the time the | 6 | | employee incurred the accidental injury. | 7 | | All sample collection and testing for alcohol and drugs | 8 | | under this Section shall be performed in accordance with rules | 9 | | to be adopted by the Commission. These rules shall ensure: | 10 | | (1) compliance with the National Labor Relations Act | 11 | | regarding collective bargaining agreements or regulations | 12 | | promulgated by the United States Department of | 13 | | Transportation; | 14 | | (2) that samples are collected and tested in | 15 | | conformance with national and State legal and regulatory | 16 | | standards for the privacy of the individual being tested, | 17 | | and in a manner reasonably calculated to prevent | 18 | | substitutions or interference with the collection or | 19 | | testing of reliable sample; | 20 | | (3) that split testing procedures are utilized; | 21 | | (4) that sample collection is documented, and the | 22 | | documentation procedures include: | 23 | | (A) the labeling of samples in a manner so as to | 24 | | reasonably preclude the probability of erroneous | 25 | | identification of test result; and | 26 | | (B) an opportunity for the employee to provide |
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| 1 | | notification of any information which he or she | 2 | | considers relevant to the test, including | 3 | | identification of currently or recently used | 4 | | prescription or nonprescription drugs and other | 5 | | relevant medical information; | 6 | | (5) that sample collection, storage, and | 7 | | transportation to the place of testing is performed in a | 8 | | manner so as to reasonably preclude the probability of | 9 | | sample contamination or adulteration; and | 10 | | (6) that chemical analyses of blood, urine, breath, or | 11 | | other bodily substance are performed according to | 12 | | nationally scientifically accepted analytical methods and | 13 | | procedures. | 14 | | The changes to this Section made by Public Act 97-18 apply | 15 | | only to accidental injuries that occur on or after September 1, | 16 | | 2011. | 17 | | (Source: P.A. 101-6, eff. 5-17-19.)
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